The Supreme Court has chosen not to review a defunct program at Virginia Tech that allowed students to anonymously report allegations of biased behavior, a decision that has frustrated two of the court's most conservative justices. The program, known as the "Bias Intervention and Response Team," was disbanded by the university in early 2023, rendering the case moot according to the Supreme Court.

The program, created in 2018 by the then-dean of students, aimed to simplify and streamline the reporting process for bias-related incidents on campus. However, circuit courts across the country have been divided over similar anti-bias programs at other universities, with some arguing that they stifle free speech, particularly conservative viewpoints.

Justice Clarence Thomas, joined by Justice Samuel A. Alito Jr., expressed dissent and emphasized the significance of the case, stating that until it is resolved, there will be inconsistent rights protected by the First Amendment on college campuses. The case is one of nine filed by the advocacy group Speech First, which challenges university bias-reporting policies on behalf of conservative students who feel silenced.

Virginia Tech's Bias Intervention and Response Team had limited authority and could not discipline students accused of bias or require them to discuss incidents with school officials. They could only refer criminal activity allegations to the police and school code violations to appropriate administrators. Campus administrators assured that complaints involving protected speech were not pursued.

However, Speech First argued that the policy created a fear among conservative students, discouraging them from expressing their views on topics such as support for Donald Trump, opposition to affirmative action, illegal immigration, same-sex marriage, and transgender rights. Despite this claim, Speech First provided no evidence of students being disciplined or threatened with discipline by the Bias Intervention and Response Team.

The U.S. Court of Appeals for the 4th Circuit concluded last year that Speech First did not have standing to challenge the policy. The majority, made up of Democratic appointees, stated that universities have the right to strive for civility and a sense of belonging among students, without impeding free speech.

Speech First has been successful in challenging university anti-discrimination policies in three other appellate courts, prompting some schools to change their policies or disband bias-reporting teams. However, the 7th Circuit based in Chicago ruled against the group, viewing the lawsuit as speculative. The University of Illinois settled the lawsuit before it reached the Supreme Court, confirming that their bias team had no authority to impose disciplinary actions.

The Supreme Court's decision not to hear the case has left conservative activists disappointed. Speech First Executive Director Cherise Trump expressed the group's commitment to defending students' free speech rights on campuses nationwide.

This decision highlights the ongoing challenges universities face in striking a balance between students' free speech rights and their protection from biased and discriminatory behavior on campus. With several appellate courts divided on the issue, the battle for campus free speech continues to be a complex and contentious one.