Spotlight PA and two other news organizations sued the chair and other leaders of the Penn State Board of Trustees in federal court on Wednesday, challenging a board bylaw they say amounts to an unconstitutional gag order on trustees’ speech.
The lawsuit, filed in the U.S. District Court for the Middle District of Pennsylvania by Spotlight PA, the York Daily Record, and the York Dispatch, names board chair Dan Onorato, vice chair Richard Sokolov, and former chair David Kleppinger as defendants, all in their official capacities. The Pennsylvania newsrooms are represented by attorneys Alice Pope, of the law firm Duane Morris, and Paula Knudsen Burke, of the Reporters Committee for Freedom of the Press.
At the center of the suit is a provision of the board’s bylaws that states trustees “shall support majority decisions of the Board” and bars them from making negative or critical public statements about the board or the university. The policy also requires trustees to obtain permission from board leadership and to accept guidance from public relations officials before communicating with the press.
A trustee who fails to comply with the policy can face disciplinary action, according to the filing. The lawsuit argues that the threat of discipline creates a “chilling effect” on trustees’ willingness to speak freely.
“The policy unconstitutionally restrains the speech of individual trustees,” the complaint states, arguing it violates the First Amendment both by restricting speech and by compelling trustees to affirm board decisions they may oppose.
The lawsuit seeks a court order blocking enforcement of the policy and a declaration that the bylaw is unconstitutional. No monetary damages are sought.
The suit is the latest in a recent string of legal challenges testing the boundaries of free-speech protections for members of public university governing boards. MSI previously reported that Michigan State University trustees approved an updated ethics policy on May 19 over objections from dissenters who said the new rules stifled board members’ speech. The Michigan State policy, like the Penn State provision now under challenge, raised questions about whether public-university trustees retain First Amendment rights when speaking in their individual capacities.
Neither the Penn State Board of Trustees nor the named defendants had publicly responded to the lawsuit as of Wednesday evening.
The university is one of the largest public institutions in Pennsylvania, governed by a 38-member board that includes elected trustees, gubernatorial appointees, and ex-officio members. The board has faced recurring criticism in recent years over transparency and governance practices, including from trustees who have publicly broken with majority decisions.
The Associated Press contributed to this report.