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Ilya Shapiro
Volokh Conspiracy, Reason
Excerpt: As I wrote on Monday in my introduction to Lawless, the crisis in higher-ed is different than the decades-old complaint about the liberal takeover of the academy. Instead, university officials placate, facilitate, and even foment illiberal mobs, with everyone else keeping their heads down to avoid the cancellation crossfire. And that's a story of growing bureaucracies.
In the 25 years ending in 2012, the number of professional university employees who don't teach grew at about twice the rate of students, while tuition at public colleges more than tripled. Those trends have only accelerated, though useful statistics are hard to come by as surveyors change methodologies and the government fails to collect or disclose uniform data.
FIRE
Excerpt: West Virginia Gov. Patrick Morrisey issued an executive order yesterday to eliminate certain diversity, equity, and inclusion practices in state agencies and organizations that receive state money. While the state may limit certain programs or activities of state agencies, the executive order is written so broadly that it applies to classroom instruction in higher education.
As such, the executive order violates the First Amendment and must be rescinded or amended to make clear that it does not affect what’s discussed in college classrooms.
Scarlet Kim, Daniel Mullkoff
ACLU
Excerpt: A SLAPP (Strategic Lawsuit Against Public Participation) suit brought against Columbia professors who criticized the school’s response to student protests is a classic – and unlawful – way to weaponize our legal system to punish and silence constitutionally-protected speech. The ACLU is back in court to protect our right to free speech.
Laura Spitalniak
Higher Ed Dive
Excerpt: About one-quarter of faculty members report feeling pressure to match their political views with those held by administrators and other professors at their institutions, according to a new survey from the American Association of Colleges and Universities and the American Association of University Professors.
The pair, with research support from NORC at the University of Chicago, polled faculty on issues relating to academic freedom and free speech — and the results painted a darkening perception of where they say their rights stand.
Jonathan Feingold
Inside Higher Ed
Excerpt: Trump is coming for higher education. His congressional allies are already armed with measures like HR 6848, which would ban universities from inviting statements that document a professor’s “past or planned contributions to efforts involving diversity, equity, and inclusion.”
Outlawing DEI statements makes sense for a president who loves to vilify America’s universities and discredit their democratic commitments. What might be less obvious is that bills like HR 6848, because they curtail university autonomy and undermine DEI initiatives, threaten one of higher education’s most sacred values: academic freedom.
Katherine Knott
Inside Higher Ed
Excerpt: A federal district judge in Kentucky tossed out President Biden’s overhaul of Title IX of the Education Amendments of 1972, ruling Thursday that the regulations exceeded the department’s statutory authority and violated the U.S. Constitution.
The Education Department is now unable to enforce the new regulations, which took effect last summer following a lengthy process to rewrite a rule put in place by the first Trump administration. The decision was part of a lawsuit brought by Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia.
