Speech First amicus brief in Students for Fair Admissions v. Harvard. [PDF]
Speech First has a vital interest in the outcome of this case. Whereas the “diversity” rationale was expressly proposed in Regents of Univ. of Cal. v. Bakke, 438 U.S. 265 (1978) – and embraced by a majority of the Court in Grutter v. Bollinger, 539 U.S. 306 (2003) – as a vehicle for promoting the “robust exchange of ideas” on college campuses, reality has disproved the theory: Student speech has come under assault in recent decades. The Court should vindicate the cause of free speech on campus by abandoning the charade that racial preferences actually promote First Amendment goals.