Supreme Court Declines to Hear Challenge to University Bias-Response Teams

The decision leaves unresolved legal questions about potential free speech violations and a circuit court split on the issue.

The Supreme Court denied certiorari in Speech First v. Whitten, a case questioning whether university bias-response teams chill free speech under the First Amendment.
Justice Clarence Thomas dissented, warning that the refusal leaves students subject to inconsistent First Amendment protections depending on their location.
Bias-response teams, present at over 450 universities, encourage students to report bias incidents, which may include speech or conduct perceived as prejudiced.
Critics argue these teams chill controversial speech through anonymous reporting systems and potential referrals to university officials, even without formal disciplinary powers.
The court's decision maintains a circuit split, with differing interpretations on whether such policies create an 'objective chill' on free speech sufficient for legal standing.