Free Speech Group Challenges MSU Trustee Conduct Code Changes
A civil liberties group warns Michigan State University that new trustee conduct rules violate First Amendment protections for elected officials’ speech.
EAST LANSING, MICHIGAN — A national civil liberties organization has warned Michigan State University that recent changes to its board of trustees code of conduct violate the First Amendment, sending a formal letter Friday demanding the university remove restrictions on board members’ speech.
The Foundation for Individual Rights and Expression argued that newly-approved provisions restrict trustees’ ability to speak about university affairs, criticize institutional decisions, and communicate candidly with constituents who elected them to serve.
Aaron Terr, the foundation’s director of public advocacy, called on the board to eliminate the contested provisions to comply with constitutional requirements. He offered the group’s assistance at no cost to help bring the code into compliance.
Specific Restrictions Under Fire
Under the amended code of conduct, trustees face several new limitations on their speech and conduct. Board members are now prohibited from divulging confidential information to unauthorized individuals and from representing their personal opinions as official university positions.
The revisions also bar trustees from speaking out against decisions made by the majority of the board. Members must “embrace the principle of loyal opposition and raise issues of concerns in appropriate settings, in advance of Board action, and protective of the integrity of the Board’s deliberations and processes.”
Constitutional Protection for Elected Officials
Terr emphasized that the First Amendment specifically protects speech by elected officials. “A ‘major purpose’ of the First Amendment is ‘to protect the free discussion of governmental affairs.’ This protection extends to speech by elected officials,” he wrote in the letter to the university board.
The foundation director noted that the Supreme Court has recognized the special role elected officials play in society, which strengthens their free speech protections rather than limiting them.
Michigan State University officials did not respond to requests for comment by the time of publication. The university’s board of trustees are elected positions, making the free speech considerations particularly significant under constitutional law.
The Foundation for Individual Rights and Expression specializes in defending free speech rights on college campuses and in educational institutions across the country. Their intervention signals potential legal challenges if the university maintains the disputed conduct code provisions.
