Bias Response Teams Free Speech

The Education Department is asking university leaders to publicly commit to a series of institutional changes, many of which are in line with the Trump administration’s higher education agenda, by the end of the year.

Greg Lukianoff
The Eternally Radical Idea

Excerpt: As regular ERI readers and followers of FIRE will know, I’ve been defending free speech on campus since 2001 — nearly all of FIRE’s 25-year history. In 2022, FIRE expanded its mission, going from being the Foundation for Individual Rights in Education to the Foundation for Individual Rights and Expression. This was in no small part because we grew more and more concerned that the free speech crises we were dealing with on campus could and would spill over to other areas of our country.

I am speaking about bias reporting systems, sometimes called bias response teams, which are essentially snitch hotlines where people can report others for “offensive” or “hateful” speech. The act of doing this to your fellow Americans over protected speech would be bad enough, but these systems go further. They often consist not only of administrators, but also law enforcement. 

By The Editorial Board
Wall Street Journal

Excerpt: A Fourth Circuit majority [ruled] that Virginia Tech's bias response team does not have a chilling effect on free speech. The ruling, written by Judge Diana Gribbon Motz, a Clinton appointee, states: "[T]he First Amendment does not stand in the way of modest efforts to encourage civility on college campuses." Judge J. Harvie Wilkinson III, a Reagan appointee, wrote in dissent: "The stark reality of the record is that programs like the Bias Intervention and Response Team are being used in the service of discouraging that open inquiry from which education draws its very meaning and sustenance.”

By Joe Dodson
Courthouse News Service

Excerpt: A Fourth Circuit majority agreed Wednesday with a district court's determination that Virginia Tech's bias response team does not have a chilling effect on free speech.