2nd Michigan State Trustee Sues Over Board’s Speech Limits

A second Michigan State University Board of Trustees member is suing over his fellow members’ restrictions on trustees’ right to publicly disagree with the board majority and university administrators.

“Trustees may praise MSU’s leadership all they want, but they face sanctions if they publicly criticize it,” Michael Balow’s lawsuit says. “That is blatant viewpoint discrimination, repugnant to our Constitution and political tradition.”

The suit, filed Wednesday in the U.S. District Court for Michigan’s Western District, notes that the sanctions for violating the board’s Code of Ethics and Conduct include “potential removal from office” for MSU trustees, who are elected by voters.

“The revised Ethics Code requires Balow and his fellow trustees to ‘uphold the university’s reputation,’ prohibits ‘inaccurate, misleading, or false information concerning the university,’ directs trustees to ‘support’ and not ‘undermine’ majority Board decisions, and requires ‘loyal opposition,’ raised only in ‘appropriate settings,’” the suit says.

Balow sued board chair Brianna Scott and board secretary and chief of staff Stefan Fletcher, asking a judge to declare parts of the code unconstitutional under the First and 14th Amendments. He said Scott and Fletcher have already excluded him from events and denied reimbursement for travel and conference expenses.

Trustee Rema Vassar sued board members and university officials last week over the code and other issues.

In an emailed statement about Balow’s lawsuit, Scott likened the code to state legislatures’ rules regarding their members’ conduct. She said the code “is to help ensure the Board can effectively govern in service to students, faculty, staff, parents, research partners, taxpayers and the broader public.”

The Foundation for Individual Rights and Expression is representing Balow alongside local counsel. FIRE senior attorney Greg Greubel said in a news release, “The people of Michigan elected Michael to be a watchdog, not a lapdog.”