Student Surveillance Software: Speech First, Inc. v. Virginia Tech

August 17, 2023 1 min read

Eric Rasmusen, Indiana University professor

Excerpt: Suppose a university has an online form where anyone can report something a student says in private conversation and the report goes into a special surveillance software database that the university bought from the Maxient company for that purpose. A Bias Response Team receives notice of the report, and sees that it is political speech protected by the First Amendment. The Team leaves the report in the student’s file, and asks the student to come to a voluntary meeting. Virginia Tech’s policy in a case like this was to: Invite them to engage in a voluntary conversation. . . . If a student fails to respond to this message, or declines to meet with our office, no further action is taken and the student faces no consequences of any kind.

Would such a bias response apparatus chill speech at the university? Speech First and three circuits say yes; Virginia Tech (Sands) and two circuits say no. Surveillance software is part of that, since they are what bias response teams rely upon, including the BIRT’s at Virginia Tech. Speech First’s cert petition [for Supreme Court review] says, “Precisely because speech codes are often struck down, universities have looked for subtler, more sophisticated ways to chill ‘offensive’ speech.”

Click here for link to full article


Leave a comment


Also in National Free Speech News & Commentary

Ohio State Bans Most Land Acknowledgements

September 03, 2025 1 min read

Emma Whitford 
Inside Higher Ed

Excerpt: As of last week, faculty at Ohio State University can no longer make land acknowledgments—verbal or written statements that recognize the Indigenous people who originally lived on the university’s land—unless it is directly relevant to class subject matter.

The new policy from the university’s Office of University Compliance and Integrity is one of many created in response to Ohio’s SB 1, a sweeping higher education law passed in March that seeks to eliminate DEI offices and scrub all mentions of diversity, equity and inclusion from university scholarships, job descriptions and more. 

Read More
Judge Hands Victory to Harvard in Funding Lawsuit, Ruling Trump Administration’s Freeze Unconstitutional

September 03, 2025 1 min read

Dhruv T. Patel, Avani B. Rai, and Saketh Sundar, Crimson Staff Writers
Harvard Crimson 

Excerpt: A federal judge ruled that the Trump administration violated the Constitution when it froze more than $2.6 billion in research funding to Harvard, striking down the freeze in its entirety and delivering the University a major legal victory.

The decision from United States District Judge Allison D. Burroughs hands Harvard a summary judgment win on core constitutional grounds, finding that the administration’s freeze orders were retaliation for protected speech. She also found that the government failed to comply with Title VI of the 1964 Civil Rights Act, which requires agencies to give notice, investigation, and an opportunity to respond before terminating federal financial assistance over civil rights violations.

Read More
The Atlantic: The decline of higher education

September 02, 2025 1 min read

Jerry Coyne
Why Evolution is True

Excerpt: As time goes by, The Atlantic seems to be getting less and less woke and more and more sensible. Who would have guessed that it published an article not only highlighting the problems of higher education, but saying that perhaps Trump’s intervention has called these to our attention? At any rate, if you click on the title below, you’ll go to the archived version of the article written by E. Thomas Finan, author and professor of humanities at Boston University.

Read More