The Buckeye Institute has submitted an amicus brief urging the U.S. Supreme Court to consider the case of Speech First v. Whitten, arguing that Indiana University's bias incidents policy infringes upon students' First Amendment rights. The institute is advocating for the protection of free speech on college campuses.
Jay R. Carson, senior litigator at The Buckeye Institute, stated, "Civility and inclusion are laudable goals and, undeniably, an important component of a college education. But when the policies used to pursue those goals chill free speech and violate the U.S. Constitution, those policies cannot be allowed to stand."
The brief highlights concerns that bias response teams may suppress free speech and hinder open debate and inquiry on campus. According to The Buckeye Institute, these teams—which include officials like the dean of students and campus police—have been found by three separate federal circuit courts to infringe upon First Amendment rights.
Speech First, a national organization supporting free speech, has contested Indiana University's policy on bias incidents.