MSU Trustees Challenge Ethics Code in Free Speech Fight at State Capitol
Two MSU trustees staged a Capitol protest against new ethics rules they say violate free speech rights and threaten democratic representation.
LANSING, MICHIGAN — Two Michigan State University Board of Trustees members protested Wednesday morning at the state Capitol, opposing new board ethics rules they claim infringe on their First Amendment rights and threaten democratic representation.
MSU Trustees Rema Vassar and Mike Balow, a Democrat and Republican, refused to sign a statement agreeing to follow an updated Code of Ethics and Conduct that prohibits trustees from speaking out against board majority decisions.
Speaking from the west steps of the Capitol building, the trustees warned that the university’s actions could set a precedent for elected governing boards statewide.
University Revokes Conference Credentials
After Vassar and Balow declined to sign the ethics pledge, MSU revoked their credentials to attend the Detroit Regional Chamber’s annual Mackinac Policy Conference. The university had warned that non-compliant trustees could face public censure, removal from leadership positions, and loss of privileges, including complimentary access to university sporting events.
“What Michigan State University has done sets a dangerous precedent, not only for its own board, but for every elected governing board in this state,” Vassar told reporters. “If a public university can sanction an elected official for refusing to sign a loyalty pledge, the principle of free democratic representation is at risk.”
Legal Challenge Takes Shape
The controversy has attracted attention from free speech advocates and legal authorities. Vassar has formally requested an opinion from Michigan Attorney General Dana Nessel regarding the legality of the ethics code changes.
The Foundation for Individual Rights and Expression, an organization focused on free speech issues, sent a letter to the MSU board warning that the new conduct provisions violate First Amendment protections.
Board Policy Creates Bipartisan Opposition
The alliance between Democratic trustee Vassar and Republican trustee Balow highlights the bipartisan nature of opposition to the ethics code revisions. Both trustees argue the new rules effectively function as loyalty pledges that undermine their ability to represent constituents and engage in legitimate board oversight.
The updated code represents a shift in how the MSU Board of Trustees operates, requiring members to present a unified front even when they disagree with majority decisions. Critics argue this approach contradicts the principles of academic freedom and open debate that universities traditionally champion.
The standoff between the dissenting trustees and university administration continues as legal questions surrounding the ethics code remain unresolved. The outcome could influence governance policies at other public universities across Michigan and potentially nationwide.
