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Supreme Court Declines to Review College Bias Response Team Policies

The court's decision leaves a patchwork of First Amendment rights across U.S. college campuses, with some students having recourse to challenge university policies while others do not.

Cornell University students walk through campus on November 3, 2023 in Ithaca, New York. The university canceled classes after one of its students is accused of making violent antisemitic threats.
Burruss Hall on the campus of Virginia Tech, in Blacksburg, Va., on February 21, 2013.

Overview

  • The Supreme Court dismissed a challenge to Virginia Tech's bias response team as moot, following the university's discontinuation of the program.
  • Justices Clarence Thomas and Samuel Alito dissented, expressing concerns over the chilling effect of bias response policies on free speech.
  • The case, brought by Speech First, highlighted a national debate over campus speech and the balance between free expression and inclusivity.
  • A divided panel of the 4th U.S. Circuit Court of Appeals had ruled that Speech First did not have standing, as the bias response team had no authority to punish students.
  • Virginia Tech argued that its policy complied with the First Amendment, emphasizing its commitment to free speech amidst broader concerns over campus speech policies.