A Michigan State University trustee has sued his own board, arguing that a revised ethics code unconstitutionally punishes elected members who publicly criticize the university and its leaders.
Trustee Michael Balow and the Foundation for Individual Rights and Expression (FIRE) filed the federal suit Wednesday in the U.S. District Court for the Western District of Michigan. It names Board Chair Brianna Scott and Stefan Fletcher, the board’s secretary and chief of staff, in their official capacities. Balow, elected in 2024 to an eight-year term, asks the court to declare the code’s speech provisions unconstitutional and to bar the board from enforcing them against him.
What the Code Says
The board approved the revisions 5-3 at a virtual special meeting on the evening of Sunday, May 17. The code requires trustees to “uphold the university’s reputation” and bars them from sharing “inaccurate, misleading, or false information concerning the university.” It also says trustees “will not undermine and will support the majority decision of the board,” and directs them to raise concerns as “loyal opposition” in “appropriate settings,” generally before the board acts. Trustees are required to sign a statement of acknowledgment each year agreeing to be bound by it.
Violations can bring sanctions up to referral to the governor or Legislature for possible removal. Trustees who refuse to sign automatically lose a list of privileges, including travel funding, athletic tickets and suite access, and invitations to university events they attend as trustees.
The complaint says the board had previously limited trustee speech only to protect confidential information and to keep trustees from speaking for the whole board.
The Dispute Behind It
The revisions followed public disagreements among trustees. Balow and fellow Trustee Dennis Denno published an April op-ed in The Detroit News calling for more transparency about a $100 million private-equity investment in MSU athletics, and discussed the issue on a podcast. At the special meeting, Scott said some trustees had been “undermining the president, the administration and decisions made by this board,” and that it “has got to stop.” She said the changes were not about suppressing speech.
Balow voted no, calling the resolution an “abomination of a university policy.”
The complaint says Balow refused to sign and was punished: the board revoked his credentials to the Mackinac Policy Conference, censured him on June 12, cut off his sports tickets and suite access, declined to support his attendance at governing-board association events, and left him off invitation lists for ceremonial events. He says he has stopped writing op-eds and holding back criticism for fear of further sanctions.
The Claims
The suit makes four claims: that the restrictions are viewpoint discrimination, because praise is allowed and criticism is not; that they are unconstitutionally vague; that requiring a signature to keep official resources is an unconstitutional condition; and that the sanctions against Balow violate the First Amendment as applied.
“The people of Michigan elected Michael to be a watchdog, not a lapdog,” said FIRE Senior Attorney Greg Greubel. Balow said, “Asking hard questions and demanding honest answers is the only path to solid governance.”
The board defended the changes at the time as fostering collegiality and proper channels for disagreement. Trustee Rebecca Bahar-Cook said there is a “time and place” for discussion. The sources include no response to the lawsuit from the board or the university.
