(The Center Square) – The Foundation for Individual Rights and Expression sent a letter urging Michigan State University to revise its newly-adopted ethics rules for its board of trustees.
In a May 29 letter to the board, FIRE called on trustees to revise the code by June 12, saying the policy imposes “unconstitutional” limits on the free speech of elected officials.
The challenge follows the board’s 5-3 vote at a May 17 special meeting to approve revisions to its Code of Ethics and Conduct. There was bipartisan opposition against the changes from the board, which currently has a makeup of seven Democrats and one Republican.
The revised policy requires trustees to:
“Think independently, uphold the university’s reputation, and make informed decisions based on what is in the best interests of the university and the advancement of higher education,” it states. “When the Board speaks through majority action, we will not undermine and will support the majority decision of the Board and work cooperatively with fellow Board members and the administration to advance Board decisions and the goals of the University.”
Additionally, it states that trustees must “embrace the principle of loyal opposition and raise issues of concerns in appropriate settings.”
Outgoing MSU president Kevin Guskiewicz praised the revisions.
“I am appreciative of the five trustees who recently voted to strengthen their code of ethics and conduct in alignment with what our national governance advisors have said are best practices for university boards,” Guskiewicz said in a letter released May 27.
FIRE argued in its letter the new policies should be eliminated for “unconstitutional defects” and “chilling public debate.”
“FIRE took up this issue because it presents a serious First Amendment problem,” FIRE Director of Public Advocacy Aaron Terr exclusively told The Center Square. “Government bodies should not be trying to enforce ideological conformity among their members.”
Terr explained how this is especially concerning considering the trustees are elected officials.
“Michigan State University is a public institution, and its trustees are elected officials who have a First Amendment right to speak about university affairs and other matters of public concern,” Terr said. “If a trustee thinks the board has adopted a bad policy or is failing to act in the university’s best interest, they have a right to say so publicly. And the public has a strong interest in hearing that information.”
Michigan is the only state in the nation that elects boards for public universities via a statewide vote. Though the state has 15 public universities, elections are only held for board members of the University of Michigan, Michigan State University, and Wayne State University.
Board Chair Brianna Scott, a Democrat, defended the revisions during the May meeting where the new policies were adopted. She asserted that some trustees had been “undermining the president, the administration and decisions made by this board, attacking members of the administration and trying to interfere in personnel matters and spreading misinformation to constituent groups outside of and within the university, and that has got to stop.”
According to FIRE, she also denied concerns that the changes were about “suppressing speech or preventing any trustee from speaking their mind.”
Some of the past disputes that led to these changes include disagreements around the university’s diversity, equity and inclusion policies, investment transparency and criticism of university leadership.
The new policies have already led to consequences for some trustees.
“Trustees Vassar and Balow have already been sanctioned for refusing to sign the statement of acknowledgment, with the board revoking their credentials to attend the Mackinac Policy Conference,” the FIRE letter said.
Terr told The Center Square FIRE learned of the issue through public reporting and has not yet received a response from the board.
“We asked for one by June 12,” he said.
In its letter, FIRE said it would assist the university in revising the policy to “ensure compliance with the First Amendment” at no cost.
MSU did not respond to a request for comment from The Center Square by the time of publication.
