Politics news and discussion on TalkFuse.
Brickbat: A Lack of Trustee
Michigan State University trustee Mike Balow has sued the board’s chair and secretary, arguing that the university’s revised ethics code violates his First Amendment rights. The case concerns whether trustees can be required to support the university’s official positions and barred from publicly criticising decisions by the board majority, potentially limiting independent oversight.
Adopted in May, the code was refused by Balow and fellow trustee Rema Vassar, who were censured in June and lost some board privileges. Balow says the rules allow praise of university leaders while penalising criticism. He has previously questioned the university’s handling of the Larry Nassar sexual abuse scandal, and is asking a federal court to declare the code unconstitutional and stop its enforcement.
In short
- Mike Balow is challenging Michigan State’s trustee ethics code in federal court.
- The code restricts public criticism of board majority decisions.
- Balow wants the code declared unconstitutional and its enforcement stopped.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
A university board needs to speak and act coherently, and trustees may reasonably be expected to support duly adopted institutional positions when representing the university. An ethics code can protect trust in the institution and encourage constructive internal debate, while sanctions for breaches may be justified if rules are clear and applied consistently.
The case against
Trustees have an oversight role that depends on being able to scrutinise board decisions and raise concerns publicly, especially on matters of serious public interest. If the code permits praise but penalises criticism, it may suppress dissent, weaken accountability and infringe trustees’ speech rights; censure and loss of privileges could make that constraint more consequential.
Explained simply
Michigan State University is governed by a board of trustees, which oversees the university and makes decisions on its behalf. Trustees are elected by Michigan voters, and the board has a chair and secretary who help lead its work.
The dispute concerns how far trustees can be expected to follow the board’s agreed positions when speaking publicly. The university’s ethics code sets rules for trustees’ conduct; Mike Balow and Rema Vassar refused to accept the revised code and were censured, a formal reprimand that also limited some board privileges.
The issue matters because trustees are meant to oversee the university, including its response to serious problems such as the Larry Nassar sexual abuse scandal. The case raises questions about how board rules can balance a shared public position with trustees’ ability to criticise decisions and carry out independent oversight.