EAST LANSING, Mich. (Michigan News Source) – Michigan State University has another controversy on its hands, and this time, two of its own elected trustees are taking university leadership to federal court.
Trustee Michael Balow filed a lawsuit October 28, accusing MSU’s Board of Trustees of violating his First Amendment rights by adopting an ethics code that restricts public criticism of university leadership. The defendants in his lawsuit are MSU Board Chair Brianna Scott and Stefan Fletcher, Secretary and Chief of Staff to the MSU Board of Trustees.
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His lawsuit follows a separate October 20 federal lawsuit filed by fellow trustee Rema Vassar. Vassar’s lawsuit alleges racial and gender discrimination, retaliation and violations of her constitutional rights.
Speak Up, Get Punished?
Balow’s lawsuit, filed with assistance from the Foundation for Individual Rights and Expression (FIRE), challenges revisions to the board’s ethics code approved in May. The revised rules require trustees to uphold the university’s reputation by supporting majority board decisions and refraining from spreading information considered inaccurate or misleading.
Balow refused to sign the required acknowledgment. According to his complaint, the board subsequently censured him, revoked his access to university events and athletic tickets, and restricted travel funding and other resources. Balow also said his refusal cost him access to places where trustees regularly interact with donors, alumni, students and university officials.
Balow had previously questioned the university’s handling of documents involving the Larry Nassar sexual abuse scandal and a $100 million athletics investment.
In the introduction of his lawsuit, the complaint states, “History teaches that self-government breaks down when those in power use governmental authority to silence dissent. This case concerns the Michigan State University Board of Trustees, which recently enacted a speech code prohibiting its members from speaking openly about MSU’s leadership. Under the Board’s new rules, trustees may praise MSU’s leadership all they want, but they face sanctions if they publicly criticize it. That is blatant viewpoint discrimination, repugnant to our Constitution and political tradition.”
Balow Responds to Michigan News Source
In a statement provided to Michigan News Source, Balow defended his refusal to accept the restrictions.
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“From day 1, I have been committed to bringing more transparency to MSU,” Balow said. “All I want to do is speak openly with the public about important matters, like how to ensure our students stay safe and how to make our athletics department run better than others in the country. Sometimes, to improve, we have to let the public give us honest feedback on our performance.”
He added, “The Ethics Code makes that all but impossible by forcing me to either praise the university and its president or say nothing at all.”
Another Trustee, Another Federal Lawsuit
Balow isn’t the only trustee challenging MSU leadership.
Vassar, a current trustee and former board chair, filed a separate federal lawsuit alleging racial and gender discrimination, retaliation and violations of her First Amendment rights. The lawsuit names MSU President Kevin Guskiewicz, Board Chair Brianna Scott, Trustee Rebecca Bahar-Cook, former trustees Dan Kelly and Dianne Byrum, university General Counsel Brian Quinn and Board Secretary Stefan Fletcher. There are also ten additional John and Jane Does named in the suit.
Vassar, who was the university’s first Black female board chair, claims officials unfairly targeted her with investigations, sanctions and restrictions on her duties after she challenged university leadership. She is seeking to have the board’s revised ethics code declared unconstitutional, her sanctions withdrawn and her trustee privileges restored.
Both trustees opposed the revised ethics code, refused to sign it and were censured in June. Neither trustee is on the ballot in Tuesday’s election.
The allegations have yet to be proven in court, but both lawsuits raise a question for Michigan taxpayers and voters: If elected trustees can be punished for publicly questioning university leadership, who’s supposed to hold MSU accountable?
