Colleges Are Stuck Between Bad Options for Fighting Hateful Ideas

Colleges Are Stuck Between Bad Options for Fighting Hateful Ideas

Conor Friedersdorf January 28, 2026 1 min read

Pity Chris Summerlin, the dean of students at the University of Florida. He’s being sued by an anti-Semite, and that’s not the worst of his predicament. So far, judges who have ruled on the case have given mixed verdicts on whether he is likely to win or lose at trial.

College deans and administrators keep confronting the same dilemma: They face intense pressure to punish speech that elicits fear or moral disgust on campus. They also have legal obligations—and face countervailing pressure—to refrain from violating the free-speech rights of students. They cannot always do both. The result is cases such as Damsky v. Summerlin—cases that might be avoided under a better approach to fighting anti-Semitism and other hateful ideas.

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Does Northwestern’s $75M Trump deal stifle speech?

Does Northwestern’s $75M Trump deal stifle speech?

David Weisenfeld January 28, 2026 1 min read

Northwestern University’s “Black Friday” agreement to pay $75 million to the Trump administration in exchange for regaining access to about $790 million in federal research funding raises free speech concerns, experts say.

“Northwestern has allowed its institutional judgment in terms of academic freedom, in terms of student speech, in terms of admissions criteria... to be overriden by the demands of the federal government, and that raises serious First Amendment problems,” said Northwestern law professor Heidi Kitrosser, a constitutional law expert.  

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Academic freedom suffers blow after blow in Florida

Academic freedom suffers blow after blow in Florida

Garrett Gravley  January 28, 2026 1 min read

In 2023, FIRE raised the following question: What’s going on in Florida? In light of recent affronts to academic freedom in the Sunshine State, we regret to raise this question once again.

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Education Dept. Drops Appeal of Court Order Blocking Anti-DEI Guidance

Education Dept. Drops Appeal of Court Order Blocking Anti-DEI Guidance

Jessica Blake  January 22, 2026 1 min read

Education Secretary Linda McMahon and her legal team have dropped their appeal of a federal court ruling that blocked the department from requiring colleges to eradicate all race-based curriculum, financial aid and student services or lose federal funding.

The motion to dismiss was jointly approved by both parties in the case Wednesday, ending a nearly yearlong court battle over the department’s Feb. 14 Dear Colleague letter that declared race-based programming and policies illegal. If institutions didn’t comply within two weeks, department officials threatened to open investigations and rescind federal funding.

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Higher Ed Groups Back Harvard in Appeal Challenging Trump Proclamation on International Students

Higher Ed Groups Back Harvard in Appeal Challenging Trump Proclamation on International Students

American Council on Education  January 22, 2026 1 min read

ACE, joined by 22 other national higher education associations, filed an amicus brief yesterday with the U.S. Court of Appeals for the First Circuit supporting Harvard University in its lawsuit challenging a Trump administration effort to bar international students from attending. 

The brief urges the appeals court to affirm a preliminary injunction issued by U.S. District Judge Allison D. Burroughs last June that blocked enforcement of a presidential proclamation that would have suspended the entry of foreign nationals seeking to study at Harvard.

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Federal policy uncertainty is disrupting planning, college leaders say

Federal policy uncertainty is disrupting planning, college leaders say

Ben Unglesbee January 22, 2026 1 min read

Nearly three in four senior leaders described their level of uncertainty about the federal policy environment and its impact on planning as “extreme” or “moderate,” according to the poll. Another 19% reported “some” uncertainty and 7% described it as “slight.” 

Trump’s impact on international student enrollment — with recent studies showing dips in graduate and new students from abroad — also loomed large for many leaders. Sixty percent said they were extremely or moderately concerned about immigration restrictions and visa revocations.

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