Trustee sues Michigan State over speech code restricting criticism of university leadership

A member of the Michigan State University board of trustees sued the school Wednesday over the board's new ethics code, which forbids trustees from publicly criticizing the school's governance. 

Michigan State University Trustee Michael Balow and the Foundation for Individual Rights and Expression filed the lawsuit in federal court, arguing the restrictions violate the First Amendment.

Balow claimed the board has imposed severe punishments that are preventing him from effectively carrying out his duties after he criticized the school over its failure to handle multiple scandals and declined to sign the new code. 

The criticism included the school's failure to investigate the circumstances that allowed the Larry Nassar sexual abuse scandal to take place. 

“Asking hard questions and demanding honest answers is the only path to solid governance,” Balow said in a statement. “Healthy friction leads to accountability and transparency that boards often talk about, but don’t always deliver. It’s not easy, but it’s necessary.”

The lawsuit asks a judge to rule that the revised code violates the First Amendment and thereby stops its enforcement. It also asks the court to recognize the First Amendment rights of elected trustees everywhere to share their opinions.

Balow claimed that the school allows board members to praise the governance but not to criticize it. 

The board changed the code of ethics to force them to “uphold the university’s reputation” and refrain from sharing what the board majority considers “inaccurate, misleading, or false information concerning the university."

“The people of Michigan elected Michael to be a watchdog, not a lapdog,” FIRE Senior Attorney Greg Greubel said. “The freedom to voice opposition strengthens the university by encouraging ideas to be challenged and solutions to be worked out.”

The school does allow board members to criticize decisions in a private setting, usually before board action. 

Balow said that when he refused to sign the new code, his credentials to a state policy conference were pulled and he was excluded from events, which hurt his ability to meet with donors and school officials.

“I’m doing this to ensure that proper oversight of a major university can survive, not only at MSU, but anywhere else free speech and independent oversight is questioned,” Balow said. 

“Our young men and women on campus are best served by a board that believes in free speech and puts it into action," he continued. "That is the highest form of loyalty to the Michiganders who put us here to watch over this university.”

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.