Changes to MSU trustee code of conduct violate First Amendment, free speech group warns

A civil liberties group focused on free speech issues is putting Michigan State University on notice, sending a letter to the East Lansing-based university Friday raising concerns with recent revisions to the board of trustees code of ethics and conduct. 

In a letter to the university’s board, the Foundation for Individual Rights and Expression argued that several newly-approved provisions on board member behavior violate the First Amendment by “restricting trustees’ ability to speak about university affairs, criticize institutional decisions, and communicate candidly with the people they were elected to represent.” 

Aaron Terr, the foundation’s director of public advocacy, called on the board to eliminate these new provisions in order to comply with the Constitution, offering the group’s assistance at no cost. 

A request for comment was made by Michigan Advance to university officials, but was not returned by the time of publication.

Under the amended code of conduct, trustees are barred from divulging confidential information to unauthorized individuals, representing their personal opinions as that of the university and speaking out against decisions made by the majority of the board.

The revisions also included a section which stated members “will embrace the principle of loyal opposition and raise issues of concerns in appropriate settings, in advance of Board action, and protective of the integrity of the Board’s deliberations and processes.”

“A ‘major purpose’ of the First Amendment is ‘to protect the free discussion of governmental affairs.’ This protection extends to speech by elected officials,” Terr wrote. “As the Supreme Court has explained, the ‘role that elected officials play in our society makes it all the more imperative that they be allowed freely to express themselves on matters of current public importance.’”

Trustees were required to submit a signed statement of acknowledgement agreeing to follow the new terms by 5 p.m. on May 24 or face sanctions. 

Trustees Rema Vassar and Mike Balow, who raised concerns about the legality of the new provisions, declined to sign the statement. As a consequence, their credentials to attend the Detroit Regional Chamber’s annual Mackinac Policy Conference were revoked, the State News reported.

Amid the turmoil among trustees, MSU President Kevin Guskiewicz abruptly announced earlier this week that he was leaving the university to take the helm at Clemson University in South Carolina.

The foundation has requested a response from the board by June 12.