By Stuart Taylor, Jr., Co-founder, Princetonians for Free Speech
Old-fashioned civil liberties champions who have not paid much attention since 2010 or so might be surprised to learn that the Obama Administration used Title IX sharply to curb free speech on campus (as well as due process for students accused of sexual harassment and assault).
The U.S. Department of Education will continue to target diversity, equity and inclusion programs in colleges and schools under Title VI despite a court block on its controversial anti-DEI Dear Colleague letter.
That letter, issued a year ago, announced the department’s policy interpreting Title VI — which protects students from discrimination based on race, ethnicity and national origin — to prohibit DEI programs. It said some college and schools’ race-based equity programs discriminate against White and Asian students and could result in federal funding loss.
Peter Berkowitz
RealClearPolitics
Excerpt: As with many things Trump, the administration’s “Compact for Academic Excellence in Higher Education” provoked accusations of authoritarian takeover of vital American institutions. And, as with many things Trump, the administration’s compact overreached in pursuit of a worthy goal, giving critics ammunition to oppose urgently needed reform.
By Marisa Warman Hirschfield ‘27
“STUPID AND UGLY WINDMILLS ARE KILLING NEW JERSEY,” wrote President Trump in a recent Truth Social post. “STOP THE WINDMILLS.” A likely interpretation is that Trump blames wind power for New Jersey's 28% energy price hike.
Kevin Carey
The Atlantic
Excerpt: In March 2019, a team of investigators from the U.S. Department of Education’s fraud-prevention team arrived at a Houston trade school for what was supposed to be a routine inspection. Several of the students the team wanted to interview, however, were nowhere to be found. At the end of a long and frustrating day, the investigators headed back to their car. That’s when two of the missing students appeared in the parking lot. They wanted to talk in a place where school administrators couldn’t overhear them.
Tal Fortgang
Manhattan Institute
Excerpt: No one can pinpoint when the fight against diversity, equity, and inclusion started – if it can even be disentangled from related campaigns against affirmative action, minority contracting, and other forms of identity favoritism – but it’s hardly a nascent movement by now. The Supreme Court has ruled that affirmative action, as long practiced in higher education, is illegal. The Trump administration is rooting out racial favoritism in government programs and contracting alongside states that are foregrounding merit in all public investments.
However, to achieve its goals and maintain its victories, the anti-DEI movement must entrench its competing set of principles in non-governmental institutions – and ultimately in Americans’ hearts and minds.
Nitasha Tiku
Washington Post
Excerpt: Influential tech investor and Trump adviser Marc Andreessen recently said universities will “pay the price” for promoting diversity and allegedly discriminating against supporters of President Donald Trump, according to messages he sent to a group chat with White House officials and technology leaders reviewed by The Washington Post.
The billionaire’s messages also cited Massachusetts Institute of Technology and Stanford University, a respected institution at the heart of Silicon Valley that has incubated tech companies such as Google. Andreessen and his wife have donated millions of dollars to the school.
Ross Marchand
FIRE
Excerpt: Great news: UConn School of Medicine administrators are going scalpels down on the school’s attempt to forcibly transplant politics and ideology into its incoming student body.
In 2022, UConn finalized its own version of the Hippocratic Oath, which includes a promise to “actively support policies that promote social justice and specifically work to dismantle policies that perpetuate inequities, exclusion, discrimination and racism.” Most recently, UConn required the incoming class of 2028 to pledge allegiance not simply to patient care, but to support diversity, equity, and inclusion.
Conor Friedersdorf
The Atlantic
Excerpt: On President Donald Trump’s first day back in the White House, he issued an executive order ending diversity, equity, and inclusion in the federal government. Its sweeping language forbids DEI “mandates, policies, programs, preferences, and activities,” and orders the termination of all DEI positions—hundreds if not thousands of roles. Trump and his allies are also trying to curtail DEI in corporations that contract with the state, colleges that get federal funds, and more.
The ambition of these anti-DEI efforts mirrors the earlier, heavy-handed push, including by the Biden administration, to embed DEI practices into almost all of America’s most important institutions. It also underscores just how widely and variably the term DEI is now used across society.
AAUP Statement
Excerpt: Aside from this resolution on divestment, the AAUP has never determined that the neutrality of institutions is either necessary for, or incompatible with, the principles of academic freedom. For more than a half century, we have instead chosen to emphasize the complexity of the issues involved, the dangers that can attend either approach, and the necessity of making institutional decisions with an eye to their effects on academic freedom and shared governance. This statement reaffirms that long-standing approach.
Julian Mark
New York Times
Excerpt: A coalition of professors, diversity officers and restaurant worker advocates filed a federal lawsuit Monday in a bid to block President Donald Trump’s executive orders that target diversity, equity and inclusion (DEI) in the U.S. government, the private sector and academia, alleging that he exceeded his authority in issuing them.
Sara Weissman
Inside Higher Ed
Excerpt: "Chaos is the goal,” Mike Gavin, president of Delta College in Michigan, told a Zoom room full of higher ed professionals on a January afternoon. “These external forces are trying to cause chaos to distract us from our mission.”
By “chaos” he meant the onslaught of anti-DEI legislation sweeping the country—state laws requiring universities to scrub diversity statements from their hiring processes, identify DEI-related courses and programs for scrutiny, and cut personnel, centers and offices dedicated to supporting underrepresented student groups.
by Michael Poliakoff, Forbes Magazine
In the current legislative session, five state legislatures will review bills that seek to limit or abolish offices on public university campuses known by the catch-all acronym “DEI.”
There is an important lawsuit being litigated in the Southern District of New York over the limits of free speech and academic freedom for faculty at the United States Military Academy at West Point. Professor Tim Bakken, West Point’s longest-serving civilian law professor, is challenging new Trump Administration regulations that allegedly constitute unconstitutional prior restraints on academic publications and limit academic freedom and free speech.
The official charged with carrying out the Trump administration’s higher-education agenda has a particular diagnosis for what’s ailing colleges.
“We are here because the value of higher education is in question by too many — and at the center of that is our quality-assurance system,” Nicholas Kent, under secretary of education, said in a Tuesday interview. “It is undeniable that accreditors are failing institutions, they’re failing students, and they’re failing taxpayers.”
Anna Krylov
Heterodox at USC, Substack
Excerpt: On October 1st, nine schools—including USC—received a letter from the US Secretary of Education inviting them to proactively join the effort to improve “higher education for the betterment of the country.” The letter announces plans to offer a Compact for Academic Excellence in Higher Education, an agreement that universities will be invited to sign.
Jessica Blake
Inside Higher Ed
Excerpt: One of the Trump administration’s attempts to terminate diversity, equity and inclusion initiatives on college campuses and in K–12 classrooms has been struck down by a federal district court judge who previously put the guidance on hold.
Judge Stephanie Gallagher declared in the Thursday ruling that the Department of Education broke the law when it tried to withhold grant funding from institutions that practiced DEI based on one of the president’s executive orders and a related guidance letter.
Matan H. Josephy and Laurel M. Shugart
Harvard Crimson
Excerpt: A federal judge extended her halt on Donald Trump’s entry ban on holders of Harvard-sponsored visas until next Monday at a hearing where lawyers for Harvard and the federal government sparred over whether the ban is constitutional.
The extension of the temporary restraining order will keep incoming international students’ authorization to enter the U.S. in place until U.S. District Judge Allison D. Burroughs decides whether to cement the pause in a preliminary injunction. Burroughs said at Monday’s hearing that she will issue an opinion within a week.
Josh Moody
Inside Higher Ed
Excerpt: The Department of Education has publicly called on Columbia University’s accreditor, the Middle States Commission on Higher Education, to take action against the university’s alleged noncompliance with federal nondiscrimination laws.
In a Wednesday news release, officials wrote that Columbia was found to have acted “with deliberate indifference towards the harassment of Jewish students, thereby violating Title VI of the Civil Rights Act of 1964.” Officials said, “Columbia failed to meaningfully protect Jewish students against severe and pervasive harassment on Columbia’s campus and consequently denied these students’ equal access to educational opportunities to which they are entitled under the law.” As a result of that finding, ED called on MSCHE to take action on the matter.
Johanna Alonso
Inside Higher Ed
Excerpt: The Department of Education’s demands that University of Pennsylvania “restore” swimming awards and honors that had been “misappropriated” to trans women athletes and apologize to the cisgender women who had lost to them offer a glimpse into how the second Trump administration could use Title IX to force certain changes at colleges, experts and attorneys say.
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.
By Ed Yingling '70
PFS Co-Founder
The Princetonians for Free Speech (PFS) second annual survey of Princeton students is now available. This survey provides information on student attitudes on key free speech issues. Because the survey is being done annually, comparisons can be made to see if Princeton is making progress. Unfortunately, with three important exceptions, on most issues the survey shows little or no progress from the troublesome results in the first survey. In a few cases, the results are worse than last year. Clearly Princeton still has work to do.
