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Michigan State University trustee sues, says ethics policy is unconstitutional
Balow alleges the policy forces trustees to back majority votes and loyalty duties, and says he and Rema Vassar were excluded from about 20 events.
On this week, Michigan State University Trustee Mike Balow filed a federal lawsuit against Chair Briana Scott and Secretary Stefan Fletcher, challenging the constitutionality of the university's updated ethics policy.
Updated last spring, the Code of Ethics and Conduct includes a 'loyalty clause' requiring trustees to support majority decisions; critics characterize it as silencing elected officials, while supporters argue it reinforces board member responsibilities.
Since declining to sign the policy, Balow and Trustee Rema Vassar have been excluded from about 20 university events, including the Mackinac Policy Conference, with Balow reporting a response of "crickets" when addressing the issue.
Alleging 'blatant viewpoint discrimination,' the Foundation for Individual Rights and Expression filed the lawsuit, claiming the policy is 'repugnant' to the Constitution by sanctioning trustees who publicly criticize leadership.
This marks the second lawsuit filed against MSU officials this month, following Trustee Vassar's recent federal suit alleging racial discrimination by MSU President Kevin Guskiewicz and others.