EAST LANSING, Mich. – Two Michigan State University trustees are refusing to sign the newly revised code of ethics, saying the board went too far.
Trustees Dr. Rema Vassar and Mike Balow held a press conference on the Capitol steps on Wednesday (June 3) morning to explain their refusal to sign MSU’s revised Code of Ethics and Conduct.
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Although the two don’t always agree, they are aligned on this issue.
“If it doesn’t align with my values and my principles. I just won’t do it,” Vassar said.
“Never would I behave in the majority to silence the minority. I expect the same of my colleagues,” Balow said.
Trustees say code limits free speech
Vassar and Balow argue that the revised code unconstitutionally limits their free-speech rights as elected officials.
The rule requires trustees to support, rather than undermine, majority board decisions.
Trustees who fail to comply could face sanctions, including referral for removal, public censure, and loss of access to athletic events and other university functions.
The two trustees also contend the revisions were pushed through late at night without committee review or a full legal opinion.
MSU spokesperson Amber McCann disputes that characterization, saying the board did seek legal review. McCann also noted that the Wayne State University Board of Governors has a similar code.
Balow isn’t buying it.
“If what MSU comes, which speaks for someone, claims that a legal review of that policy was the fact it was drafted by our chair and general counsel, then I reject that as a legal review,” Balow said.
President’s resignation adds fuel to fire
The ethics code dispute has also been linked to the departure of former MSU President Kevin Guskiewicz, who said he was resigning amid divisions within the board.
In his resignation letter, Guskiewicz wrote, “It has become increasingly clear that there are differing perspectives within the Board of Trustees regarding how best to move MSU forward.”
Vassar and Balow say his departure caught them off guard.
“When I talked to him before we voted this policy, he said he was happy at MSU and wanted to stay,” Vassar said.
FIRE weighs in on First Amendment concerns
National free speech organization FIRE, the Foundation for Individual Rights and Expression, sent a letter to the MSU Board of Trustees on May 29, 2026, outlining its constitutional concerns with the revised code.
In the letter, FIRE Director of Public Advocacy Aaron Terr argued the code violates the First Amendment by restricting trustees’ ability to speak about university affairs, criticize institutional decisions, and communicate candidly with voters.
He also called the requirement that trustees “support” and “not undermine” board decisions a form of “viewpoint discrimination.”
“Our letter sets out FIRE’s First Amendment concerns with the revised ethics code,” Terr said. “We hope the board will address those concerns and look forward to its response. If it does not, FIRE will continue to evaluate appropriate avenues for defending the free speech rights at stake.”
FIRE requested a response from the board by June 12, 2026, the same day as the next scheduled Board of Trustees meeting.
The next Board of Trustees meeting is scheduled for June 12 at 9 a.m. at the Hannah Administration Building in East Lansing.
Meanwhile, Vassar says she reached out to Michigan Attorney General Dana Nessel about the dispute but has not heard back.
“The Michigan Department of Attorney General does not legally advise or represent the university, their boards, or trustees. Trustees and the university have their own legal counsel, and any advice provided by our office would not be legally binding on the university.”
Michigan Attorney General's Office