A federal lawsuit challenging Michigan State University’s revised Code of Ethics and Conduct includes Fausone & Grysko as part of the legal team representing MSU Trustee Mike Balow. Partner Brandon Grysko is serving as local counsel alongside the Foundation for Individual Rights and Expression (FIRE), a national nonprofit organization dedicated to defending free speech.

The lawsuit challenges whether MSU can require elected trustees to publicly support decisions they disagree with or penalize them for criticizing university leadership.

How Did the Dispute Begin?

In May 2026, MSU’s Board of Trustees revised its Code of Ethics and Conduct, introducing new rules governing how trustees communicate publicly about university decisions and leadership. Among other requirements, the policy directs trustees to support majority board decisions, protect the university’s reputation, and refrain from making statements the board considers inaccurate or misleading.

Balow refused to sign it. He’s been an outspoken critic of MSU’s handling of the Larry Nassar sexual abuse scandal, as well as the lack of transparency surrounding a proposed $100 million private-equity investment in the university’s athletics program.

According to the lawsuit, Balow’s refusal to sign the policy led to his censure and additional restrictions, including exclusion from university events. On October 28th, 2026, Balow and FIRE filed a federal lawsuit in the U.S. District Court for the Western District of Michigan, challenging the restrictions as unconstitutional.

The First Amendment Question

Balow and FIRE argue that MSU’s revised policy goes beyond establishing standards for board conduct and restricts trustees’ ability to speak freely about university matters. MSU maintains that the policy establishes expectations for responsible governance rather than restricting free speech.

The court will consider whether MSU’s rules for board conduct place unconstitutional restrictions on an elected trustee’s speech.

Fausone & Grysko is proud to work alongside FIRE in representing Balow. We believe elected officials should be able to question decisions and speak openly about their concerns without facing unconstitutional retaliation.

For more information about the lawsuit and the events leading up to its filing, read FIRE’s coverage of the case.