The U.S. Supreme Court on Monday declined to take up a case challenging the legality of bias response teams on college campuses, leaving in place a lower court ruling that upheld Indiana University’s controversial program.
The lawsuit, filed by the free speech advocacy group Speech First, argued that the university’s bias response system—which allows anonymous complaints and the possibility of disciplinary action—chills students’ speech and violates their First Amendment rights. The group contended that such systems are increasingly used by colleges to discourage dissent and controversial opinions without instituting explicit speech codes.
Although the Court refused to hear the case, Justices Clarence Thomas and Samuel Alito dissented, saying the issue warrants urgent attention.
“Speech First has raised serious concerns,” Thomas wrote. “Many universities operate similar bias response teams. Yet students’ ability to challenge these potentially unconstitutional regimes now varies depending on where they live.”
Alito agreed, warning that the Court’s inaction contributes to a “constitutional patchwork” where student speech protections differ across jurisdictions.
The decision not to hear the case is a setback for Speech First, which had hoped the Indiana University lawsuit would provide a definitive ruling on whether these campus teams cross constitutional lines.
“Bias response teams are often used to deter speech that’s disfavored by administrators,” said Speech First president Nicole Neily in a statement. “They operate in the shadows—chilling expression without formally banning it. That’s a dangerous workaround.”
With the Court’s refusal to intervene, bias response programs will likely remain intact on many campuses—at least for now.
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