Dissenting Justices Clarence Thomas and Samuel Alito Jr. said Monday that the U.S. Supreme Court should have granted and further reviewed a university’s policy for reporting bias incidents as a potential violation of free speech.

Instead, the high court vacated the U.S. Court of Appeals for the Fourth Circuit’s decision that upheld Virginia Tech’s bias reporting policy pending appeal and directed the lower court to dismiss the claims as moot. The policy, challenged by the conservative group Speech First, allows university members to report bias incidents to a team of administrators.