1A – Bowling Green State University

SLF Warns BGSU Against Bias Reporting System

About the Case

Bowling Green State University (BGSU) claims to be committed to free expression. But by maintaining a bias reporting system, it contradicts that commitment. BGSU warns students that bias incidents will not be tolerated. It sweeps protected speech into its definition of bias when it says that bias incidents include language, such as name-calling, stereotyping, and belittling others. Because BGSU is abdicating its duty to uphold free expression, SLF sent the University a letter demanding that it remove the bias reporting system from campus.

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SLF explains in its letter that bias reporting systems are dangerous and unconstitutional because they scare students into silence. If students can be reported for any language that causes someone to feel “belittled” or otherwise hurt, and if the University can investigate and even punish students for that language, students will choose to remain silent rather than risk facing discipline.

The University’s website proves that these fears are well-founded. According to its website, students have been reported to campus authorities for playing a card game in their dorm room. The University has also taken action based on reports that textbooks use outdated medical terms regarding transgender individuals. If students can be reported and investigated for comments made in the privacy of their rooms, the risk is high that conservative and libertarian students will be investigated for comments made during public speech activities.

Case Status

Pre-Litigation

Court

Why This Matters

BGSU is just the latest college that wants to silence students, especially conservative and libertarian students. It boasts that it welcomes free expression, but it relies on a bias reporting system to weed out any views that offend or hurt students’ feelings. Rather than say something that could be viewed as offensive, conservative and libertarian students will opt for silence.

SLF Director of Litigation Braden Boucek says:

“The Constitution is clear. The First Amendment protects offensive speech. Students don’t have a right not to be offended. The bias reporting system runs afoul of the First Amendment’s command that universities welcome all views on campus.”

Adds Director of SLF’s 1A Project Cece O’Leary:

“Conservative students will certainly hesitate before hosting a debate on transgenderism if they know that even textbooks are not safe from the thought police. BGSU must clarify that students cannot be punished for engaging in speech, no matter how offended other students may feel.”

 

Why This Matters

BGSU is just the latest college that wants to silence students, especially conservative and libertarian students. It boasts that it welcomes free expression, but it relies on a bias reporting system to weed out any views that offend or hurt students’ feelings. Rather than say something that could be viewed as offensive, conservative and libertarian students will opt for silence.

SLF Director of Litigation Braden Boucek says:

“The Constitution is clear. The First Amendment protects offensive speech. Students don’t have a right not to be offended. The bias reporting system runs afoul of the First Amendment’s command that universities welcome all views on campus.”

Adds Director of SLF’s 1A Project Cece O’Leary:

“Conservative students will certainly hesitate before hosting a debate on transgenderism if they know that even textbooks are not safe from the thought police. BGSU must clarify that students cannot be punished for engaging in speech, no matter how offended other students may feel.”

 

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