Michael Balow challenges MSU's trustee ethics code; Brianna Scott defends it.
Michael Balow challenges MSU's trustee code as a restriction on dissent. Brianna Scott defends its governance rules, which combine commitments to open debate with majority-support requirements and sanctions for refusing to sign.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
Michigan State University trustee Michael Balow sued board chair Brianna Scott and board secretary Stefan Fletcher on October 28, 2026, alleging that the revised ethics code restricts protected criticism and penalizes his refusal to sign. The code requires support for majority decisions and says trustees will raise concerns in appropriate settings, in advance of board action.
Scott says the code sets sound governance practices without limiting speech, oversight or questions. The policy also states support for open deliberation and free expression in board deliberations. It distinguishes automatic sanctions for failing to sign from the investigation process for other alleged violations. Balow, represented by FIRE, seeks declaratory and injunctive relief.
Read the full background
The full code (opens in a new tab) was revised May 17, 2026. Standard 15 and the signature-sanction section govern refusal to sign; the separate Reporting and Enforcement section governs other alleged violations.
People in this case
- Michael BalowDirectly involved
Timeline
3 timeline entries on this page. Dates: May 17, 2026 to October 30, 2026
May 2026
MSU revises trustee ethics and conduct code.
The revised code includes majority-support and signature requirements, automatic sanctions for refusing to sign, and a separate process for other alleged violations.
[01]MSU Board of Trustees Code of Ethics and Conduct
The code distinguishes automatic sanctions for failing to sign from investigation of other alleged violations.
MSU Board of Trustees Code of Ethics and ConductStandards 7, 9-11 and 15; signature sanctions; Reporting and Enforcement
October 2026
Balow files federal challenge to trustee code.
Claim
The complaint names Scott and Fletcher in their official capacities, alleges that Balow was censured and denied resources after refusing to sign, and seeks relief from what it calls Trustee-Speech Restrictions and their enforcement.
[02]Michael Balow v. Scott: verified complaint
Balow challenges speech restrictions and sanctions in a complaint against the chair and secretary in their official capacities. Allegations are the plaintiff's.
Michael Balow v. Scott: verified complaintCase 1:26-cv-03081, complaint and requested reliefMSU leaders address trustee lawsuits at board meeting.
Reaction
The State News reports that Brianna Scott called the timing of "everything" around two trustee lawsuits "purposeful" for the election. President Kevin Guskiewicz called the lawsuits "drama" at the October 30 meeting. Rema Vassar's discrimination and retaliation suit is separate from Balow's case.
[03]MSU leaders address trustee lawsuits at October 30 board meeting
The report documents leaders addressing the two lawsuits at a public meeting. The suits remain separate and the report contains no court ruling.
MSU leaders address trustee lawsuits at October 30 board meetingJulia Roeder's first-hand meeting report and quotes from Scott and Guskiewicz
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
MSU's revised trustee code unconstitutionally restricts elected trustees' speech.
What is disputed
Scott defends the code as compatible with dissent, oversight and effective governance.
Sources (3)
- Michael Balow v. Scott: verified complaintCase 1:26-cv-03081, complaint and requested relief
- MSU Board of Trustees Code of Ethics and ConductStandards 7, 9-11 and 15; signature sanctions; Reporting and Enforcement
- Brianna Scott's full statement on MSU trustee codeBoard response: full statement reproduced by WILX
Arguments
Documented position
Michael Balow's verified complaint and FIRE's launch statement.
Elected trustees must be able to criticize university leadership.
Balow argues that the code imposes viewpoint-based restrictions and conditions resources provided to his elected office on accepting those restrictions. He seeks relief against the signature requirement and the disputed speech provisions.
Limit of this argument
The code separately protects free expression in board deliberations and uses different procedures for refusal to sign and for other alleged violations.
Read sources
Sources
- Michael Balow v. Scott: verified complaintCase 1:26-cv-03081, complaint and requested relief
- MSU Board of Trustees Code of Ethics and ConductStandards 7, 9-11 and 15; signature sanctions; Reporting and Enforcement
- Michael Balow and FIRE announce challenge to MSU trustee speech rulesBalow's statements and explanation of lawsuit
Documented position
Brianna Scott's full response reproduced by WILX and the adopted code.
The code supports governing responsibilities and preserves oversight.
Scott argues that the code permits debate, oversight and questions while setting governance standards comparable to rules for other governing bodies.
Limit of this argument
The code also requires support for majority decisions and provides sanctions for failing to sign, which are the provisions Balow challenges.
Read sources
Sources
- Brianna Scott's full statement on MSU trustee codeBoard response: full statement reproduced by WILX
- MSU Board of Trustees Code of Ethics and ConductStandards 7, 9-11 and 15; signature sanctions; Reporting and Enforcement
Response record
Responses
Choose one response filter, or select All responses to see the full record.
2 matching responses. Newest first.
Michael BalowElected Michigan State University trustee and plaintiffDirectly involvedBefore this statement
Balow makes this allegation in his verified complaint.
"The Ethics Code forces Balow to either surrender his First Amendment rights or forfeit resources associated with his office."
CondemnedCase context: Michael Balow challenges MSU's trustee ethics code; Brianna Scott defends it.
Full statement and sources
Michael Balow says the code forces a choice between First Amendment rights and office resources.
After the statement
He seeks declaratory and injunctive relief.
Michael Balow v. Scott: verified complaintCase 1:26-cv-03081, complaint and requested reliefWhy this label?
His verified complaint legally rejects the code's signature requirement and sanctions.
This label describes the statement's response within the context above.
Brianna T. ScottChair of Michigan State University's Board of TrusteesDirectly involved Before this statement
Scott's full statement recognizes healthy debate and compares the code with rules at Wayne State and in legislative chambers. WILX published the statement on October 28.
"The code does not limit speech or restrict members of governing boards from raising concerns, providing oversight or questioning decisions"
Defended or excusedCase context: Michael Balow challenges MSU's trustee ethics code; Brianna Scott defends it.
Full statement and sources
Brianna Scott defends the code as compatible with oversight and dissent.
After the statement
She says the code instead establishes good and commonsense governance practices.
Brianna Scott's full statement on MSU trustee codeBoard response: full statement reproduced by WILXWhy this label?
She directly defends the code under scrutiny and denies that it prevents oversight or questioning.
This label describes the statement's response within the context above.
Sources
(5)
Original text
MSU Board of Trustees Code of Ethics and Conduct
Relevant passage: Standards 7, 9-11 and 15; signature sanctions; Reporting and Enforcement
About this source
The code distinguishes automatic sanctions for failing to sign from investigation of other alleged violations.
- Published
- Accessed
Reporting
MSU leaders address trustee lawsuits at October 30 board meeting
Relevant passage: Julia Roeder's first-hand meeting report and quotes from Scott and Guskiewicz
About this source
The report documents leaders addressing the two lawsuits at a public meeting. The suits remain separate and the report contains no court ruling.
- Published
- Accessed
Reporting
Brianna Scott's full statement on MSU trustee code
Relevant passage: Board response: full statement reproduced by WILX
About this source
WILX reproduces Scott's response defending the rules and their relationship to oversight and debate.
- Published
- Accessed
Official statement
Michael Balow and FIRE announce challenge to MSU trustee speech rules
Relevant passage: Balow's statements and explanation of lawsuit
About this source
FIRE represents Balow and describes its legal challenge. Its characterizations are advocacy, not judicial findings.
- Published
- Accessed
Original text
Michael Balow v. Scott: verified complaint
Relevant passage: Case 1:26-cv-03081, complaint and requested relief
About this source
Balow challenges speech restrictions and sanctions in a complaint against the chair and secretary in their official capacities. Allegations are the plaintiff's.
- Published
- Accessed
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Cite this record
- Publisher
- The Dispute Index
- Title
- Michael Balow challenges MSU's trustee ethics code; Brianna Scott defends it.
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/michael-balow-msu-trustee-ethics-code-brianna-scott
The Dispute Index. "Michael Balow challenges MSU's trustee ethics code; Brianna Scott defends it.". First published: 2026-11-03. Last updated: 2026-11-03. https://disputeindex.com/cases/michael-balow-msu-trustee-ethics-code-brianna-scott