The Supreme Court Could Weigh In On Whether Colleges’ Speech Police Are Legal

By Brandon Poulter

Daily Caller

October 1, 2023


The Supreme Court could weigh in on the constitutionality of so-called bias response teams at colleges in the U.S., which free speech organizations say are used to discriminate against political viewpoints and to chill free speech.


Bias response teams are systems created to monitor alleged biased speech on college campuses, which often end up with students reporting other students for politically disfavored speech, according to the Foundation for Individual Rights and Expression (FIRE). Students are then brought before administrators in what can be a long-drawn-out process that discourages students from speaking their minds and expressing disfavored viewpoints, which free speech advocates argue violates the First Amendment.


The Alumni Free Speech Alliance, a group of over a dozen free speech alumni organizations, alleges that bias response teams are used to target individuals and often cause students to self-censor, resulting in less intellectual freedom on campuses. The groups filed an amicus brief to the Supreme Court in support of advocate group Speech First, which is suing Virginia Tech over its bias-response team.


“In history, it’s always repressive regimes that pick a scapegoat and sometimes not even with aforethought. It just happens they rile up the crowds against them. And that’s what these bias systems are used for,” Chuck Davis, president of the Alumni Free Speech Alliance, told the DCNF.


The number of bias response teams at public and private American colleges and universities was 232, according to FIRE. That number nearly doubled to 456 by 2022, according to Free Speech Alliance.


“The goal of these teams is censorship,” FIRE Program Officer Zach Greenberg, told the DCNF.


“These bias response teams have been used to report on group chats and even by third parties walking by on campus,” Greenberg continued.


By policing the expression of bias, these bias response teams are violating the First Amendment, Greenberg explained. Speech which might be perceived as discriminatory or as an expression of bias, such as political speech or offensive jokes, is protected by the First Amendment.


For example, Gonzaga University, which has a bias response team, defines a bias incident as “non-criminal conduct, speech, or expression” that is motivated by “prejudice” because of “real or perceived characteristics,” according to their website. This then triggers a review of the incident, which may or may not result in an “educational conversation” or referral to another office.


“Being investigated is the punishment,” Eric Rasmusen, former economics professor at UCLA and member of the MIT Free Speech Alliance, told the DCNF.


At one incident at the University of Northern Colorado, a professor challenged his students to read a controversial book with the intent of discussing difficult topics and discussing why they were difficult to talk about, only to be reported to the bias response team for alleged offensive behavior, according to National Review.


“It’s well within the professor’s right to recommend controversial classroom materials,” Greenberg told the DCNF.


In the case of Virginia Tech, the Fourth Circuit Court of Appeals said the bias response team was not unconstitutional since it does not directly punish students. Virginia Tech’s bias response team accepts anonymous tips about other students, and once had a website up which said students could report on things from “jokes that are demeaning to a particular group of people” to “hosting a culturally themed party.”


In a separate case regarding Michigan University’s bias response team, Speech First challenged the team’s definitions as being overly broad, according to court documents. The Sixth Circuit Court of Appeals found that the university’s bias response team was likely to chill speech.


Universities sometimes acknowledge that their bias response system may conflict with the freedom of speech.


“The expression of an idea or point of view some may find offensive or inflammatory is not necessarily a bias-related incident. While this value of openness protects controversial ideas, it does not protect harassment or expressions of bias,” reads Wake Forest University’s bias response system’s website.


“Free speech absolutely protects the expression of bias,” Greenberg told the DCNF.


“In the real world, they’ll encounter hateful speech, and students need to be able to handle that,” Greenberg continued.


The Supreme Court Could Weigh In On Whether Colleges’ Speech Police Are Legal | The Daily Caller

City Journal College Ranking -Davidson Results

December 10, 2025
Written by John Craig December 10, 2025 On October 27, the Manhattan Institution’s City Journal published a major, breakthrough analysis of the performance of 100 prominent US (and one Canadian) universities and colleges, “Introducing the City Journal College Rankings,” For the first time, this new performance system includes data on measures (68 in all) like freedom of expression, viewpoint diversity tolerance, quality of instruction, investment payoff, and campus politicization that are not considered in the other major higher ed ranking systems. How did Davidson measure up in City Journal’s performance assessment? On a scale of one (bottom) to five (top) stars , Davidson is among the 63 schools that received 2 stars. Schools that, according to City Journal, have “Mostly average to below-average scores in all categories with no particularly noteworthy strengths. Significant, focused policy changes are needed at these schools.” (Full rankings available here College Rankings | Rankings ) To summarize the methodology, the City Journal team selected 100 schools that are highly touted by other ranking systems, widely known to the American public, and/or of high regional importance. The researchers gathered data on 68 variables across 21 categories covering four major aspects of on- and off-campus life. The Educational Experience categories were Faculty Ideological Pluralism, Faculty Teaching Quality, Faculty Research Quality, Faculty Speech Climate, Curricular Rigor, and Heterodox Infrastructure; the Leadership Quality categories were Commitment to Meritocracy, Support for Free Speech, and Resistance to Politicization; the Outcomes categories were Quality of Alumni Network, Value Added to Career, and Value Added to Education; and the Student Experience categories were Student Ideological Pluralism, Student Free Speech, Student Political Tolerance, Student Social Life, Student Classroom Experience, Campus ROTC, Student Community Life, and Jewish Campus Climate. No other higher ed ranking system includes as many variables. (Read more about methodology at College Rankings | Methods ) The data included publicly available information from sources such as the Integrated Postsecondary Education Data System (IPEDS), the Department of Education’s College Scorecard, and the Foundation for Individual Rights and Expression’s College Free Speech Rankings. The researchers also developed original measures for the project, such as the ideological balance of student political organizations and the partisan makeup of faculty campaign contributions. Each variable was coded so that higher values mean better performance and was weighted to reflect relative importance. For example, student ideological pluralism (as measured by self-reported student ideology and the left-right balance of student organizations) accounts for 5 percent of a school’s score while City Journal’s estimate of how many years it will take the typical student to recoup their educational investment to attend a given college accounts for 12.5 percent. A school’s overall score is the sum of points across the 21 categories, with the top possible score being 100. While the assessment system is for the most part hard-data-based, it has, like other ranking systems, subjective elements—like the weighing system. So methodological challenges will come and will doubtlessly lead to improvements the next time around. That said, the methodology strikes me as defensible and a marked improvement over that of other popular rating systems. I will conclude with some comments on the findings. Note that the Average score (out of 100) for the 100 institutions is 46 and the median score is 45.73—so overall, this is not a “high performance” group of institutions. No institution receives a 5-Star rating, and only two receive a 4-Star rating (University of Florida and University of Texas at Austin). Only 11 schools receive a 3-Star rating—Having “Mixed results across the four categories, showing strengths in some and weakness in others. These schools typically have several clear paths to improvement.” Because assessment scores are generally low and tightly clustered in the middle, the rankings by score are misleading: Davidson, at 51.16 with a rank of 25, looks to be in the top quartile (between Princeton and Georgetown), but in fact gets just a 2-Star assessment

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