Overview
- Trustee Michael Balow filed a federal suit Wednesday in the U.S. District Court for the Western District of Michigan seeking a judge’s declaration that parts of the board’s revised Code of Ethics are unconstitutional and an injunction to stop its enforcement.
- The revised code tells trustees to “uphold the university’s reputation,” bars sharing what the board deems inaccurate or misleading information, and directs members to offer only “loyal opposition” in designated settings.
- Balow’s complaint says the code carries sanctions that can include public censure, loss of privileges and possible removal from office, and alleges he was excluded from events and denied reimbursements after refusing to sign the new rules.
- The Foundation for Individual Rights and Expression is representing Balow and argues elected trustees speak as public officials whose duty to criticize is protected by the First Amendment.
- The case arrives against a backdrop of oversight fights at MSU, including fallout from the Larry Nassar scandal, and could set a national precedent on whether public university boards can legally limit the public speech of elected trustees.