By John Kruzel
WASHINGTON (Reuters) -The U.S. Supreme Court on Monday sidestepped a conservative groupโs challenge to Virginia Tech Universityโs policy for monitoring and reporting allegations of bias against LGBT people, racial minorities, religious groups and others, finding the case was moot.
The justices threw out a ruling by the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals that had declined to block the schoolโs policy and ruled that the organization lacked the proper legal standing to sue. Virginia Tech had urged the Supreme Court to turn away the groupโs appeal, saying the case is moot because the schoolโs bias-response protocol was already discontinued.
The challenger in the case was Speech First, a group that on its website says it is fighting a โtoxic censorship culture on college campuses.โ The group has filed lawsuits challenging speech policies put in place by at least five universities.
The groupโs 2021 lawsuit against Virginia Tech President Timothy Sands sought to block the school, located in Blacksburg, Virginia, from enforcing its โBias Intervention and Response Teamโ protocol.
The policy defined โbias incidentsโ as โexpressions against a person or groupโ based on categories that include race, disability, gender identity, sexual orientation, religion, political affiliation โor any other basis protected by law,โ according to court records.
Reported incidents of bias โ which could be filed anonymously online โ were reviewed on a weekly basis by a group of university administrators known as the Bias Intervention and Response Team, a panel that also included representatives from student groups and the Virginia Tech police department, court records show.
In the lawsuit, Speech First said the free speech rights under the U.S. Constitutionโs First Amendment of its student members at Virginia Tech were violated by the Virginia Tech bias-response team. Speech First called this team โa literal speech policeโ whose presence on campus โobjectively chillsโ student speech, especially with regard to opinions seen as controversial or unpopular.
Virginia Tech had urged the Supreme Court to turn away the groupโs appeal as moot, and said in court papers that the justices that โits bias protocol was always subordinated to the First Amendment.โ
Speech First, in response, told the justices that the policyโs inactive status should not deter the court from hearing the case, saying โthe law doesnโt let respondents unilaterally pull the plug on a policy that they maintained for years and still defend, just in time to prevent this courtโs review.โ
The issue of free speech on college and university campuses has become a flashpoint in the U.S. culture wars, with some liberals citing the need to counter hate speech and some conservatives saying schools have enacted policies aimed at silencing views on the right.
U.S. District Judge Michael Urbanski in 2021 denied Speech Firstโs request to block the Virginia Tech policy. The judge also ruled that the group lacked the legal standing to sue because it had failed to demonstrate โthat its members have an intention to engage in a course of conduct that is proscribed byโ Virginia Techโs protocol, finding that in fact the schoolโs anti-bias policies โdo not proscribe anything at all.โ
(Reporting by John Kruzel; Editing by Will Dunham)
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