MSU Board Restricts Trustee Speech in Controversial 5-3 Vote
MSU board votes 5-3 to restrict trustee speech amid constitutional concerns raised by dissenting members about First Amendment rights.
EAST LANSING, MICHIGAN — Michigan State University’s governing board approved controversial amendments to their code of ethics Sunday evening that could lead to sanctions or removal of trustees who speak out against fellow board members’ decisions.
The board voted 5-3 to add several provisions to their code of conduct, with trustees Mike Balow, Dennis Denno and Rema Vassar casting dissenting votes. The amendments appear designed to address ongoing tensions within the university board.
New Restrictions on Board Communications
The amended code includes strict confidentiality requirements, stating trustees “shall not divulge to an unauthorized person, confidential information acquired in the course of trustee service in advance of the time prescribed for its authorized release to the public.”
Provisions bar trustees from representing personal opinions as official university positions and prohibit undermining decisions made by the board majority. The amendments establish a “loyal opposition” standard for dissenting trustees.
“After Board action, We will act consistent with our fiduciary duties, including the duty of loyalty — we will 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,” one amended section states.
Constitutional Concerns Raised
Trustee Rema Vassar raised significant legal objections before the vote, questioning whether the board has authority to restrict trustees’ constitutional rights.
“I am a popularly elected constitutional officer of the state of Michigan. The Michigan Constitution grants this board its authority. It does not authorize this board to strip my First Amendment rights, compel my signature under threat of punishment, or design an amendment process engineered to silence me permanently,” Vassar said.
Vassar announced she would contact Attorney General Dana Nessel regarding constitutional questions raised by the amendments. Both Vassar and Balow expressed concerns about the legal implications of the new restrictions during board deliberations.
Board Tensions Continue
The vote reflects ongoing divisions within Michigan State’s governing body, which has faced scrutiny over internal conflicts. The amendments specifically target behavior that has contributed to public disputes among board members.
The new code of conduct takes effect immediately following Sunday’s approval. Trustees who violate the amended provisions could face sanctions ranging from formal reprimands to potential removal from the board.
Michigan State University has not yet responded to requests for comment about implementation of the new restrictions or potential legal challenges.
