Second MSU Trustee Sues Over Board Ethics Code Speech Rules

EAST LANSING, Mich. — A second elected member of the Michigan State University Board of Trustees has gone to federal court over the board’s rewritten ethics code, arguing it punishes trustees for publicly disagreeing with the majority and campus leadership.

Balow brought his case Wednesday in the federal court that covers western Michigan. The defendants are Brianna Scott, who chairs the board, and Stefan Fletcher, its secretary and top staff officer, both sued in their official capacities. Balow says several provisions violate his rights under the First and 14th Amendments, and he is asking the court to strike them and block enforcement. He also wants the case heard by a jury.

The board adopted the revised Code of Ethics and Conduct at a special meeting on May 17 by a 5-3 vote, with Balow, Dennis Denno and Rema Vassar opposed. It directs trustees to protect the university’s reputation, avoid sharing inaccurate or misleading information about MSU, back majority decisions and keep dissent to appropriate settings. Trustees must also sign a statement agreeing to follow it, and the penalties can range from public censure up to possible removal.

Balow refused to sign. His suit says he then lost his credentials for the Mackinac Policy Conference, access to athletic tickets and suites, travel reimbursement and some university-paid professional development. The board censured him and Vassar in June for not signing.

Scott has defended the code, comparing it with the conduct rules state legislatures set for their own members and saying it helps the board govern on behalf of students, employees, taxpayers and the public. Before this year’s rewrite, MSU said, the code dated to 2020.

The case follows a separate federal suit Vassar filed Oct. 20 in the Eastern District of Michigan, alleging discrimination and retaliation after she criticized university leaders. MSU trustees are chosen by voters statewide; Balow won an eight-year term in 2024. A free speech advocacy group is representing him.

Filed under: Grand Rapids MI Education News