Rules & Policies

Ariana Figueroa
NC Newsline

Excerpt: One of Thomasina Brown’s favorite books is a memoir about a girl who deals with the grief of losing her father and struggles with her sexual identity. Brown, a 16-year-old student at Nixa High School in Nixa, Missouri, said in an interview that she felt a connection with the book, as she grieved the loss of her own father and came to terms with her own queer identity.

That book, “Fun Home: A Family Tragicomic,” is one of the more than 3,300 books that have been banned during the 2022-2023 school year, a 33% increase from the previous school year, according to a report by PEN America, a group that is dedicated to fighting book bans and advocates for the First Amendment.

Dan McLaughlin
National Review

Excerpt: One case that isn’t quite ready to be considered Tuesday, but could intrigue the justices, is Speech First, Inc. v. Sands (No. 23-156), which challenges campus speech codes. The case comes from a divided panel decision of the Fourth Circuit, which rejected challenges to two Virginia Tech campus speech policies.

Virginia Tech has backed off the policy since the suit was filed. FIRE also notes that “time and time again, [it] has seen universities revise unconstitutional policies, only to bring them back when there is employee or state government turnover.” Given the widespread use of such policies and the open circuit split on their legality, it would seem a fit time for the Court to get involved.

Elizabeth A. Harris and Alexandra Alter
New York Times

Excerpt: More than two years into a sharp rise in book challenges across the United States, restrictions are increasingly targeting public libraries, where they could affect not only the children’s section but also the books available to everyone in a community.

The shift comes amid a dramatic increase in efforts to remove books from libraries, according to a pair of new reports released this week from the American Library Association and PEN America, a free speech organization.

George R. La Noue
National Association of Scholars

Excerpt: One of the most powerful influences in higher education today is the concept of diversity, equity, and inclusion (DEI). Managed by an ever-growing bureaucracy and promoting a seductive, though ambiguous, message to this generation of students, DEI continues to grow on campuses. It is estimated that almost one-fifth of all academic positions now require DEI statements to be submitted. In the 2021 UC Berkeley hiring season, 679 out of 893 candidates for life sciences positions were rejected for failing initial DEI metrics and did not have their academic credentials evaluated.

Who could object to these concepts? Seeing a billboard declaring, “Diversity is our strength” doesn’t really hurt anyone, does it? DEI advocates argue that no good person could support monocultures, inequality or exclusion, so the movement is just promoting “common good” ethics.

Zach Weissmueller and Liz Wolfe
Reason Magazine
 
Excerpt: California Community Colleges' new teaching standards "mandate viewpoint conformity" and "compel professors to teach and preach the State's perspective," according to a lawsuit called Palsgaard v. Christian, filed by the Foundation for Individual Rights and Expression, or FIRE.  

Join Reason's Zach Weissmueller and Liz Wolfe this Thursday at 1 p.m. Eastern for a discussion with Jessie Appleby, an attorney with FIRE, and Bill Blanken, the plaintiff and a chemistry professor at Reedley College in California, who says the standards advanced by the state's community college board amount to "compelled speech" in the classroom.

KC Johnson
Chronicle of Higher Education

Excerpt: The Biden administration intends, in October, to release new Title IX regulations to deal with campus sexual assault and harassment. In their proposed form, the regulations strip from accused students virtually all of the procedural protections they currently have under Title IX, unless a local court ruling requires their college or university to employ a fairer process.

To understand why we are waiting for yet another set of Title IX regulations, it’s important to understand the history of the last 12 years.