The U.S. Supreme Court has declined to take up a case questioning whether college bias response teams infringe on students’ First Amendment rights — a decision that leaves an ongoing national debate over campus free speech unresolved.
The petition, filed by Speech First, a nonprofit organization that defends student expression, sought to challenge Indiana University’s system of bias response teams. These campus groups collect reports — including anonymous ones — about incidents of perceived bias or offensive speech and, in some cases, refer matters for disciplinary review. Speech First argued that such systems create a chilling effect on open dialogue by discouraging students from discussing controversial topics out of fear of investigation or social reprisal.
By refusing to hear the case, the Court effectively allowed lower-court rulings to stand, meaning universities may continue using bias response systems without direct oversight from the nation’s highest court. The decision leaves intact a legal landscape in which interpretations of these programs’ constitutionality vary between jurisdictions.
Bias response teams were initially introduced to promote inclusivity and address campus tensions by offering a structured outlet for students to report offensive conduct. Critics, however, contend that the programs can unintentionally operate as “soft speech codes,” pressuring students to self-censor and undermining the very freedom of expression universities are meant to protect.
For now, the Supreme Court’s refusal to intervene keeps the constitutional question unresolved — and ensures the national conversation about free speech, inclusivity, and accountability on college campuses will continue to evolve.