1A – University of Wisconsin-Milwaukee

SLF Calls on UWM to Change Bias Policies

About the Case

The University of Wisconsin-Milwaukee (UWM) has a website called “Hate/Bias,” where it encourages students to report each other to its Office of Equity/Diversity Services anytime they witness a so-called bias incident. If the Office of Equity/Diversity Services decides that students have engaged in hate or bias, it will refer the students to administrators, like the Dean of Students, to take action. Worse still, students can report each other entirely anonymously. This creates a state of censorship on campus, and because of this, Southeastern Legal Foundation (SLF) is calling on the University to remove its bias reporting system from campus.

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Bias reporting systems are unconstitutional for many reasons. Universities like UWM encourage students to report anything they believe is hate speech or biased speech. But hate speech and offensive speech are protected by the Constitution. Bias reporting systems are also unconstitutional because they are very subjective, and leave it up to a few administrators to decide whether and how to punish students for bias. And bias reporting systems are often anonymous, meaning students can falsely report their classmates to campus administrators in an attempt to shut down speech they do not like. Because the reports are anonymous, there is no accountability for the accusers.

In a demand letter to UWM, SLF warns the University that the bias reporting system will result in censorship, especially toward conservative and libertarian students. SLF requests that the University remove the bias reporting system from campus altogether, or at a minimum, clarify that conservative and libertarian students cannot be targeted or punished for their constitutionally protected speech.

Case Status

Pre-Litigation

Court

Why This Matters

Anti-bias codes and bias reporting forms are popular tools to silence conservative and libertarian students on campus. Just like with COVID reporting forms, bias reporting forms are often completely anonymous. That means students can falsely accuse conservative and libertarian student organizations of engaging in bias when they want to host an event. As a result, conservative and libertarian students are scared into silence because they do not want to be subjected to a lengthy investigation and even punishment for exercising their constitutional rights.

SLF General Counsel Kimberly Hermann states:

“We see this time and time again on college campuses. College administrators want to monitor student speech, but they can’t be everywhere at once. So they encourage students to report each other for anything that seems offensive or not in line with majority views.”

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

“Through this letter, we hope UWM will come to its senses and recognize that it has a duty to promote open discourse on campus. That means it can’t shield students from views they don’t like. It must welcome the views of all students.”

Why This Matters

Anti-bias codes and bias reporting forms are popular tools to silence conservative and libertarian students on campus. Just like with COVID reporting forms, bias reporting forms are often completely anonymous. That means students can falsely accuse conservative and libertarian student organizations of engaging in bias when they want to host an event. As a result, conservative and libertarian students are scared into silence because they do not want to be subjected to a lengthy investigation and even punishment for exercising their constitutional rights.

SLF General Counsel Kimberly Hermann states:

“We see this time and time again on college campuses. College administrators want to monitor student speech, but they can’t be everywhere at once. So they encourage students to report each other for anything that seems offensive or not in line with majority views.”

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

“Through this letter, we hope UWM will come to its senses and recognize that it has a duty to promote open discourse on campus. That means it can’t shield students from views they don’t like. It must welcome the views of all students.”

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