Author: admin

  • The class gap in the civic map

    The class gap in the civic map

    Albert Hill Working Men’s Club and Institute has played an important role in my life.

    It’s the place where my parents had their wedding reception. My christening party was held in its concert room. Friends of mine, uncles, and acquaintances, have had their wakes with luke warm pork-pies and pints of Magent in the bar. The day I got my membership to the club was a milestone into adulthood and at thirty one I suspect I am still the youngest member.

    Temperance and temperament

    The working man’s club emerged through colliding strains of the temperance movement as an alternative to the gin bars of the 1800s, the rise of the industrial working classes and their desire for betterment, and as a hub for leisure, sports, lectures, and other recreational activity. In university parlance we often talk of local catalysts but Albert Hill has maintained a generation of allotments for leek growing competitions, brought money into local economies through the touring domino tournaments, and kept hundreds if not thousands of self-employed singers, caterers, and turns in business.

    And they would not be pretentious enough to call themselves it but it is a civic institution. As the writer Devika Rao has said on the decline of these kinds of third spaces that are neither home nor work “Where do you go if you are not at school, work or home? For some, the answer is, well, nowhere.” The civic agenda does not quite know how to deal with these kinds of third spaces.

    It’s not that universities are not doing things which directly benefit the drinkers of Albert Hill. Universities are providing nursery places, improving school performance, supporting sustainability projects, and much more between. These things are exceptionally valuable, if executed well will change a place, and in an era of constrained university spending are admirable. At the same time, like the temperance campaigners of the 1800s, projects can sometimes feel like telling a general population to know what is good for them. As recent polling by Public First demonstrates a plurality of the public know not much or very little about what their local university does for the local area.

    Further research by Public First shows people see the place where they live as the locus of their identity. Not the United Kingdom, not England, and certainly not Europe, but the actual places they live. The very idea of levelling up (remember that) is tied to both a desire to revitalise a place and an industrial heritage in places that have been left ashore with the tides of globalisation.

    People and their place

    The challenge is that universities are not just local institutions but global ones. Inevitably, this means that they will do things which are unfamiliar to populations that are less internationally mobile. David Goodhart, once darling of the liberal media now feted immigration sceptic, may argue this is the divide between nowheres and somewheres. The somewheres being people rooted in their local places, often not university educated, with small c conservative views. The nowheres being the mobile, less rooted, and highly educated. If the civic agenda is anything it is an attempt to bridge the education faultline through the university.

    This also means that universities do university coded things in their civic agenda. There is not a focussed civic university agenda about revitalising and supporting working men’s clubs, snooker halls, pubs, places of worship, community centres, small music venues, local football teams, or, to a lesser extent, saving the local high street. It’s legitimate to argue that this isn’t the business of universities but this is no more or less true than partnering with the local museum, art gallery, or literature festival.

    And this is perhaps the second challenge. Value, and the things worth spending public money on that aren’t education and teaching, are often middle class coded. This isn’t to say universities aren’t minded of their impacts on working-class communities. From supporting a just transition, to school programmes, free nursery places, and so on, they clearly are. It’s more that the kind of intangible, culturally coded, doing nice things for an area, can feel middle class.

    Again, to be absolutely clear, it’s not that working-class people don’t enjoy literature, art, and culture. This is obviously the case and it’s tedious to suggest otherwise. It’s more about the range of things universities choose to invest in. And, whisper it, it’s because many of these working-class spaces are also full of people who share views that are anathema to universities. They are often less in favour of immigration, less socially liberal, and more opposed to high levels of public spending on the things universities do. To organise in those spaces is to not organise with people that aren’t aware of universities but with people that are aware of universities and simply don’t always like them that much.

    Pot and trench leeks

    This leaves the fundamental challenge of the extent to which universities responsibility extends to areas where they have no direct mission, with individuals that may never join in their activity, and with activities they do not have the cultural cache to do authentically. Even if universities thought maintaining a working-class culture was their role it’s not even that clear what they would actually do.

    Ambiguity doesn’t mean universities can vacate the space. The politics of young white men is flipping the political map. We know there is an increasing pull toward the far right, they are less likely to receive a university education than nearly any other group, and they are more likely to stay in the places they were born. To entirely leave this space is to say universities have no place in their lives which is to tacitly acknowledge that universities’ civic commitments are partial.

    Universities also cannot dictate the civic institutions they have. It’s not their role to tell their populations where to work, live, love, study, enjoy their time, and just hang out. The role of the civic university agenda is not to extend the university into the world but to extend the world into the university. The people who have the most to gain from universities being civically involved are often the least likely to know what the university is or what it does.

    The civic agenda has spurred universities toward a greater consciousness of their places and achieved practical things. The way activities are coded is not to say that these activities are not valuable but it is to say that the authorial intent of civic agendas of economic growth and cultural enrichment hit the reality of communities that feel alienated from institutions generally not just the university.

    If universities are to lead on growth and capture momentum with this new government they have to demonstrate they can support growth everywhere. The success of the civic agenda is not just about days spent in museums, hours of tutoring, or student spending. It is also whether the people that once felt like their university had nothing for them now does.

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  • Universities need leaders at every level

    Universities need leaders at every level

    It may be the season for giving. However, it looks unlikely that universities will find a gift-wrapped solution to their financial worries under the tree anytime soon.

    There are busy times ahead for the higher education sector, what with boosting the economy, solving the evils of social injustice, and restoring civic accord to our troubled nation – as the government appears to expect. Realistically, however, most higher education institutions will be operating with reduced numbers of employees and leaner resources, for the foreseeable future. So, it is not entirely clear how this all adds up.

    In a “more for less” environment, the institutions that will survive, perhaps even thrive, will be those that are able to get the very best out of each individual. What universities urgently need, therefore, is outstanding, engaged leadership.

    Beyond the executive suite

    But just to be clear, when I say “leadership”, I am not talking about stronger, tougher, more detailed decision-making at the top. With the best will in the world, the ten people who sit in the executive suite on a Tuesday morning with a pot of coffee can only do so much.

    However, what can have a transformative impact on organisations is a willingness to mobilise, align and empower a distributed network of leaders at every level of an organisation to motivate, support and develop their staff, so that everyone can achieve more.

    This isn’t a new idea. From Peter Drucker in the 1960s, through to more recent work by Martin Seligmann, Michael West, Brené Brown, and many others, the published wisdom on organisational psychology tends to show that command-and-control styles of directive authority are less effective than positive and collaborative methods of leading that harness knowledge and creativity across an organisation. This is especially so when responding to cultural issues and “wicked problems”. We might have a few of those.

    This is not to say that everyone should get a vote on everything all the time. Nevertheless, the working principle that, within agreed limits, decisions should be taken as close as possible to the actual activity is a good one – and might well save time, money and trouble.

    Leadership skills

    Nobody says this is simple. Devolving decision-making calls for high levels of trust, skill and communication across leadership teams and for attention to personal development. The Institute of Leadership, a membership organisation with 75 years of experience in this game, identifies 49 principles of leadership, ranging from adaptability, and dealing with conflict, to ethics, managing upwards and resilience. (Anyone who has ever chaired a department meeting will probably have required most of these abilities before reaching item four on the agenda.)

    Cappfinity, a global talent lifecycle management company, deeply embedded in global industry with 20 years of research, lists no fewer than 80 key workspace skills, highlighting eight “altitude leadership” strengths: agile thinking, relationship navigation, accountability, self-insight, inclusive leadership, courage, strategic vision and change facilitation. Surely, more of these things in daily university life could only help, whatever the next big policy change might be.

    As a sector, and with some external prompting, universities and other higher education providers have recently become much better at articulating, assessing and developing employability skills for students.

    However, there’s still some way to go on helping staff to identify, understand and optimise their technical, cognitive and behavioural strengths (to borrow a taxonomy from Cappfinity). Of course, some colleagues already display these skills; others clearly need to learn them. All too often, people in our organisations do have remarkable qualities and abilities, but don’t have the opportunities or the motivation to use them. These unrealised strengths constitute a potentially rich resource for universities, especially when other kinds of resource are in short supply.

    Abi Parker of Cappfinity points out that tapping into these abilities can make a profound difference:

    With skills development, at every level, everything starts with self-insight. What’s special about leadership development is that any positive movement is amplified, meaning that as a lever for improving organisational effectiveness, leadership development is a great place to start. This is especially true in difficult times.

    The marzipan layer

    If only there was a pan-institutional network of experienced colleagues able to communicate effectively, to take responsibility at local level, to promote strategic objectives, to motivate and support employees, and to innovate appropriately without excessive investment or risk.

    Ah, yes. Right. So, the good news is that universities already have these highly developed internal structures in both academic and professional services teams, in the form of deans, directors, heads, section leads and their deputies. The bad news is that our large, bureaucratic institutions can sometimes ignore and elide what is going on at this level, or these leaders can end up overwhelmed and discouraged, unsure how to manage the apparently competing demands of their own staff and the senior team.

    As Mark Smith, vice chancellor at the University of Southampton, observes:

    The crucial layer of leadership in an institution is the senior leadership of academic departments and professional service directorates. If this layer is not trusted, empowered and sufficiently skilled there is relatively little those further up can do to bring about change.

    This “marzipan layer”, as governance adviser Seamus Gillen of Value Alpha has memorably described it, may become more important than ever as universities navigate the more-for-less maze that lies ahead.

    Not everyone loves marzipan, I know, but something has to hold together the crusty royal icing and the crumbly yet delicious fruit cake – just as someone has to localise change initiatives and restructures, to support individuals through difficult contract negotiations, to locate and realise efficiencies, to manage workloads, to resolve conflicts, and to ensure that somehow, against all odds, students continue to get the best possible education.

    Thinking more expansively, if universities really are going to play a greater role in society, boost economic growth, drive new knowledge and be more active in cities and regions – I believe and hope they can – then it will be at the level of local leadership that new partnerships will be maintained, inequalities will be gradually eroded, and innovative models for education delivery will evolve.

    As Gillen observes, for some people, the marzipan is the best bit:

    Just because it’s squeezed in the middle doesn’t mean it’s all bad. If Deans and ‘Heads of’ could be empowered, and feel empowered, they could, would and can transform an institution’s future.

    So, as you cut yourself a festive slice, consider that nurturing leadership competencies and behaviours at all levels of our knowledge industry might be the smart place to put your time and energy in the year ahead. Developing teams and individuals won’t provide a quick solution, but it will create the conditions from which future solutions for the sector can emerge. After all, we’re in the education business. Enabling and empowering people is what we do.

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  • Podcast special: Writing for Wonkhe

    Podcast special: Writing for Wonkhe

    In this special seasonal edition of the Wonkhe Show, we discuss how you can contribute to the higher education debate by writing for the site.

    Plus we discuss the importance of communicating academic and professional insights to wider audiences, and we take you inside our editorial process – which is all about clear arguments and diverse perspectives.

    With Adam Matthews, Senior Research Fellow at the School of Education at the University of Birmingham, Michael Salmon, News Editor at Wonkhe, David Kernohan, Deputy Editor at Wonkhe and presented by Debbie McVitty, Editor at Wonkhe.

    Higher Education Policy into Practice (Online) PGCert

    Writing for Wonkhe

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  • LAWSUIT: Videographers sue to overturn National Parks Service arbitrary permit scheme

    LAWSUIT: Videographers sue to overturn National Parks Service arbitrary permit scheme

    JACKSON HOLE, Wy. Dec. 18, 2024 — Picture three people standing next to each other in Yellowstone National Park. One’s an ordinary tourist, one’s a news reporter, and the third’s a documentary filmmaker. They’re all filming Old Faithful, using the exact same iPhone, and without disturbing anyone around them.

    Under federal law, the tourist and the reporter are doing nothing wrong. But the documentarian could face heavy fines — even jail time.

    That’s why the Foundation for Individual Rights and Expression today filed a lawsuit on behalf of nature and sports photographers and filmmakers Alexander Rienzie and Connor Burkesmith. FIRE’s suit aims to overturn the National Park Service’s onerous, arbitrary, and unconstitutional permit-and-fee scheme that charges Americans for the right to film in public spaces.

    “The national parks belong to the American public,” said FIRE Chief Counsel Bob Corn-Revere. “If you have a right to be there, you have a right to film there. The federal government can’t tax Americans to exercise their constitutional rights.”

    Joining FIRE’s lawsuit as co-counsel and co-plaintiffs is the National Press Photographers Association, which represents thousands of visual journalists, including Alex and Connor. Although the NPS exempts filming for “news-gathering” from its permit scheme, the NPPA has for years argued that the law imposes an unfair burden on photographers and filmographers, who can’t always know ahead of time who they plan to sell their work to, or even if they plan to sell it at all.

    “For decades, the National Press Photographers Association has been working to support the rights of visual journalists and other photographers to document the beauty of our natural resources and the people who visit and care for them in our national parks,” said NPPA President Carey Wagner. “It is unfortunate that the actions and policies of the National Park Service have never fully respected the First Amendment rights of photographers, and it’s even more disappointing that it has become necessary to take the Park Service to court in order to resolve our members’ concerns. NPPA is enormously grateful to FIRE for taking on this case on behalf of all photographers.”

    Alex and Connor wanted to film in Grand Teton National Park in September to document an attempt by an athlete to break the record for the fastest climb up the Grand Teton. They planned to have only two or three people, using small handheld cameras and tripods, on the 16-mile route for the shoot. In fact, to keep up with the fast pace of the speedrun, they would carry less gear than the typical climber going up the mountain.


    But under current law, whether a filmmaker needs a permit to film in a national park doesn’t depend on the amount of gear they bring or how disruptive filming might be. The only thing that matters is whether their purpose is “commercial.” The rule could apply to filming a big blockbuster movie near the Grand Canyon (where the scale of the project might justify a permit requirement), but also to a small-time YouTuber who posts a video of their jog through the National Mall.

    “Congress wanted to keep big Hollywood productions from taking over the parks and keeping others from enjoying their natural beauty,” said FIRE attorney Daniel Ortner. “But the current law wasn’t written for a world where anyone with a smartphone has a film studio in their pocket.”

    Alex and Connor knew they might use the footage to produce a documentary film, so they filed for a permit and explained how small their impact would be. But NPS employees have wide and unquestioned discretion under the law to deny permits. NPS denied the permit on the grounds that it could turn the speedrun into a “competitive event”— and pocketed the non-refundable $325 application fee.

    “Independent filmmakers don’t have the resources of the big production companies,” said Connor. “It’s a gut punch every time we throw down hundreds of dollars, only to be denied permits for reasons that are vague, arbitrary, and unfair. As someone who needs to film outdoor sports where they happen, it’s a threat to my livelihood.”

    COURTESY PHOTOS OF ALEX AND CONNOR FOR MEDIA USE

    Alex and Connor were forced to choose between risking prosecution, or letting a potentially historic event go undocumented. For dedicated documentarians like themselves, it was an easy choice: They filmed without the permit in September.

    “In the entire time we were up there, we didn’t get in the way of anyone else’s enjoyment of Grand Teton,” said Alex. “To us, the Grand is a very special mountain that we’ve spent countless hours exploring.”

    An NPS spokesperson later announced they had determined that Alex and Connor’s actions didn’t meet all the criteria for charges—but if their work had been featured “in a commercial or a catalog or something like that,” it would be “less of a gray area.” Far from settling the issue, the NPS statement effectively signaled that Alex and Connor could still face charges if they ever sell or use their footage.

    FIRE and the NPPA are seeking an injunction in the United States District Court for the District of Wyoming to prevent that outcome, and to put a permanent end to a system where individual park employees can deny Americans their First Amendment rights on a whim.

    “I chose this line of work because I love the national parks,” said Connor. “Photographers and videographers are the best advocates the parks have; the more people see and understand their unique value, the stronger their desire to protect them. It’s time for the Park Service to stop throwing up roadblocks and work with us, not against us.”


    The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

    CONTACT:

    Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; [email protected]

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  • We answer your free speech questions

    We answer your free speech questions

    FIRE staffers take your questions on the TikTok ban, mandatory
    DEI statements, the Kids Online Safety Act, Trump vs. the media,
    and more.

    Joining us:

    • Ari Cohn, lead counsel for tech policy

    • Robert Shibley, special counsel for campus advocacy

    • Will Creeley, legal director

    This webinar was open to the public. Future monthly FIRE Member
    Webinars will not be. Become a paid subscriber today
    to receive invitations to future live webinars.

    If you became a FIRE Member
    through a donation to FIRE at thefire.org and would like access to Substack’s paid
    subscriber podcast feed, please email [email protected].

    Timestamps:

    00:00 Intro

    00:52 Donate to
    FIRE
    !

    02:49 TikTok ban

    10:01 Ari’s work as tech policy lead counsel

    12:03 Mandatory DEI statements at universities

    15:19 How does FIRE address forced speech?

    18:17 Texas’ age verification law

    24:35 Would government social media bans for minors be a First
    Amendment violation?

    33:48 Online age verification

    35:17 First Amendment violations while making public comments
    during city council/school board public meetings

    37:25: Edison, New Jersey city council case

    39:48 FIRE’s role in educating Americans

    41:55 If social media addiction cannot be dealt with like drugs,
    how can it be dealt with?

    43:34 “Pessimists Archive” Substack and moral panics

    45:27 Trump and the media

    51:23 Gary Gadwa case

    52:49 How to distinguish the freedom of speech versus freedom
    from social consequences?

    55:53 Free speech culture is a “mushy concept”

    57:58 ABC settlement with Trump

    01:01:27 Nico’s upcoming book!

    01:02:32 FIRE and K-12 education

    01:04:40 Outro

    Show notes:

    TikTok Inc. and ByteDance LTD. v. Merrick B. Garland, in his
    official capacity as attorney general of the United States

    (D.C. 2024)

    Opinion: The TikTok court case has staggering implications for
    free speech in America
    ” L.A. Times (2024)

    H.B. No. 1181 (Tex. 2023; Texas age-verification
    law)

    The Anxious Generation” Jonathan Haidt (2024)

    S. 1409 – Kids Online Safety Act (2023-2024)

    American Amusement MacH. Ass’n v. Kendrick (Ind.
    2000)

    Edison Township, New Jersey: Town Council bans props, including
    the U.S. flag and Constitution, at council meetings
    ” FIRE
    (2024)

    LAWSUIT: Arizona mom sues city after arrest for criticizing
    government lawyer’s pay
    ” FIRE (2024)

    President Donald J. Trump v. J. Ann Selzer, Selzer & Company,
    Des Moines Register and Tribune company, and Gannett Co.,
    Inc.
    ” (2024)

    Trump v. American Broadcasting Companies, Inc.
    (2024)

    New Jersey slaps down censorship with anti-SLAPP
    legislation
    ” FIRE (2023)

    FIRE defends Idaho conservation officer sued for criticizing
    wealthy ranch owner’s airstrip permit
    ” FIRE (2023)

    On Liberty” John Stuart Mill (1859)

    Home Depot cashier fired over Facebook comment about Trump
    shooting
    ” Newsweek (2024)

    Free speech culture, Elon Musk, and Twitter” FIRE
    (2022)

    Questions ABC News should answer following the $16 million
    Trump settlement
    ” Columbia Journalism Review (2024)

    Appellants’ opening brief — B.A., et al. v. Tri County Area
    Schools, et al.
    ” FIRE (2024)

    Transcript:

    *Unedited transcript and edited transcript for Substack will
    be available later in the week!

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  • Free Social Skills Worksheets (2024)

    Free Social Skills Worksheets (2024)

    The following free social skills worksheets are designed to help children, people with learning disabilities, clients, and even adults to actively reflect on their skills in social situations.

    The worksheets cover various scenarios and sub-skills, including:

    • Conversation starters
    • Listening skills
    • Personal space
    • Social problem-solving
    • Giving and receiving compliments

    When printing, you might want to select “shrink to fit” to ensure an optimal output.

    License and Terms of Use: All printables are provided for non-commercial personal and classroom use only, not for resale or distribution. All rights reserved.

    Social Skills Worksheets

    check mark Designed by Chris

    Conversation Starters Worksheet

    Use this version for getting students to actively reflect on how to start a conversation and interact appropriately with others verbally.

    social skills worksheet

    check mark Designed by Chris

    Listening Skills Worksheet

    Use this version to get students to think about active listening skills and brainstorm the best ways to respond to people when listening to them in order to absorb what they’re saying.

    social skills worksheet

    check mark Designed by Chris

    Personal Space Worksheet

    Use this version to help people to understand how to give people personal space and maintain an appropriate distance in various social situations.

    social skills worksheet

    check mark Designed by Chris

    Social Problem Solving Worksheet

    This version is ideal for helping people to deal with scenarios where someone may lose their temper. The scenarios discuss various appropriate ways to respond to potentially hairy situations.

    social skills worksheet

    check mark Designed by Chris

    Giving and Receiving Compliments

    Use this piece to brainstorm ways to give and receive compliments in various situations. Students must sort between various potential responses to compliment and ways to give compliments.

    social skills worksheet

    check mark Designed by Chris

    Social Skills Checklist

    This checklist gets students to reflect on social skills they’ve used in the past week, and then to think about their strengths and areas for improvement.

    Thanks for checking out these worksheets. If you want to brainstorm different examples of social skills, read this blog post.


    Chris

    Dr. Chris Drew is the founder of the Helpful Professor. He holds a PhD in education and has published over 20 articles in scholarly journals. He is the former editor of the Journal of Learning Development in Higher Education. [Image Descriptor: Photo of Chris]

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  • DHS Issues Final H-1B Modernization Rule

    DHS Issues Final H-1B Modernization Rule

    by CUPA-HR | December 18, 2024

    On December 18, the Department of Homeland Security (DHS) published a final rule to modernize the H-1B visa program, finalizing changes first proposed in October 2023. The rule will take effect on January 17, 2025, introducing significant updates aimed at clarifying the requirements of the H-1B program and improving program efficiency, providing greater benefits and flexibility for petitioners and beneficiaries, and strengthening program integrity measures.

    The final rule responds to comments from a variety of stakeholders, including concerns raised by CUPA-HR and others in a multi-sector joint comment letter signed by 74 organizations and a higher education-focused letter led by the American Council on Education (ACE). Both letters advocated for changes to the definition of a “specialty occupation” and other key areas to ensure the regulations better align with workforce needs. The final rule incorporates feedback from stakeholders and aims to provide clarity while maintaining program integrity.

    Below are highlights of some noteworthy provisions in the final rule and next steps.

    Revised Definition and Criteria for H-1B Specialty Occupations

    The final rule modifies the definition of an H-1B specialty occupation in response to public comments, including those CUPA-HR signed onto in a multi-sector joint comment letter and a higher education-focused letter. DHS clarified that a degree or its equivalent must be “directly related” to the duties of the position, with “directly related” defined as having a logical connection between the degree and the job duties. This change addresses concerns raised in comments that the proposed language could have been misinterpreted to require adjudicators to focus solely on a beneficiary’s specialized studies.

    The rule also permits a range of qualifying degree fields, provided that each field is directly related to the position’s duties. Additionally, DHS removed references to specific degree titles such as “business administration” and “liberal arts” to avoid undue reliance on degree titles. This recognizes that degree titles can vary between institutions and evolve over time, emphasizing the relevance of the degree’s content rather than its name. These changes align with the requests made in the joint comment letter, ensuring that the definition of a specialty occupation is practical and reflective of modern workforce realities.

    Codification of the Deference Policy

    The final rule codifies DHS’s current deference policy, providing greater clarity on how U.S. Citizenship and Immigration Services (USCIS) adjudicators should approach petitions involving the same parties and underlying facts. Under the codified policy, adjudicators are generally required to defer to a prior USCIS determination of eligibility when adjudicating a subsequent Form I-129, Petition for Nonimmigrant Worker. However, deference will not apply if a material error in the prior approval is discovered, or if new material information or a material change impacts the petitioner’s or beneficiary’s eligibility.

    Elimination of the Itinerary Requirement

    The final rule eliminates the itinerary requirement, which previously required petitioners to provide an itinerary detailing the dates and locations of services or training when filing Form I-129. This change addresses concerns that the requirement was largely duplicative of other information already provided in the petition. Eliminating this requirement simplifies the filing process, reducing administrative burdens for petitioners. The change is particularly beneficial for individuals in roles such as medical residencies under H-1B, where work may occur at multiple sites, as it removes unnecessary procedural hurdles without impacting USCIS’s ability to assess eligibility.

    Expanded H-1B Cap Exemptions for Nonprofit and Governmental Research Organizations

    The final rule modestly broadens the scope of H-1B cap exemptions for nonprofit and governmental research organizations, as well as nonprofits affiliated with institutions of higher education. The revised definitions recognize that qualifying organizations may have multiple fundamental activities or missions beyond just research or education. Under the updated regulations, organizations can qualify for a cap exemption if research or education is one of their fundamental activities, even if it is not their primary activity or mission. These changes better align the cap exemption criteria with the diverse roles and structures of modern nonprofit and governmental entities.

    Enhanced Cap-Gap Protections for F-1 Students

    The final rule extends cap-gap protections for F-1 students transitioning to H-1B status. Under the new provision, F-1 students who are beneficiaries of timely filed, nonfrivolous H-1B petitions will receive an automatic extension of their F-1 status and employment authorization through April 1 of the following calendar year. This extension provides up to six additional months of status and work authorization, reducing the risk of lapses in lawful status or employment eligibility while awaiting approval of the change to H-1B status.

    Codification of Site Visit Authority

    The final rule codifies and strengthens the USCIS site visit program, which is administered by the Fraud Detection and National Security (FDNS) unit. DHS clarifies that refusal to comply with a site visit may result in the denial or revocation of a petition. Additionally, the rule explicitly authorizes DHS to conduct site visits at various locations connected to the H-1B employment, including the primary worksite, third-party worksites, and any other locations where the employee works, has worked, or will work. This provision formalizes long-standing practices and enhances USCIS’s ability to monitor compliance with H-1B program requirements.

    Next Steps

    The rule takes effect on January 17, 2025, just days before the next presidential inauguration. While it is unclear if the incoming Trump administration will seek to modify or withdraw the regulation, the codification of key provisions, such as the deference policy, makes them more difficult to rescind without formal rulemaking.

    Employers should also prepare for the required use of a new edition of Form I-129, Petition for a Nonimmigrant Worker, on the rule’s effective date. Because there will be no grace period for accepting prior editions of the form, employers should review the preview version, which will be published soon on uscis.gov, to prepare for the transition.



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  • Best Highlights of the Season

    Best Highlights of the Season

    Reading Time: 8 minutes

    It’s the most wonderful time of the year! The holiday season represents the perfect time to reflect on all that your school community has accomplished and celebrate it. What better way to reflect on the past year with your staff, students, and families than a highlight video?

    For years now, we’ve been compiling lists of our favorite holiday highlight videos from schools, sharing fun and compelling ideas that you can try to connect with your audience. Keep reading to discover the benefits of creating and distributing a holiday highlight video for your school and get inspiration from our list. Let’s get started! 

    Why Create a Holiday Highlight Video for Your School?

    Creating a holiday highlight video for your school this year can be a fun project but also a strategic way to strengthen your connection with your community, showcase your school’s unique culture, and leave a lasting impression during the festive season. Here’s why it’s worth the effort. 

    1. Build Stronger Community Connections

    A holiday highlight video allows you to bring your entire school community together. You highlight the collective spirit that defines your school by capturing moments from seasonal events, concerts, classroom celebrations, or volunteer initiatives. 

    Sharing these moments with parents, alumni, and local supporters creates a sense of belonging and pride, reinforcing that your school is a vibrant, supportive learning environment for students. 

    2. Showcase Your School’s Values and Culture

    What better way to showcase what makes your school unique than through a professionally crafted holiday highlight reel? A holiday video can encapsulate those values in action whether your school emphasizes creativity, inclusivity, or academic excellence. 

    It’s an opportunity to demonstrate how your students and staff embody the spirit of giving, kindness, and celebration during the holidays, making your school stand out to prospective families and partners.

    3. Engage Your Audience in a Memorable Way

    Videos are one of the most engaging forms of content, especially on social media. A holiday highlight video captures attention far more effectively than static posts or written updates. 

    By combining visuals, music, and heartfelt moments, your video can evoke emotion, spark joy, and encourage viewers to share it with others, amplifying your school’s reach and impact.

    4. Celebrate the Achievements of the Year

    The holiday season is a perfect time to reflect on the milestones your school has reached throughout the year. 

    A holiday highlight video can showcase achievements from sports teams, academic competitions, or memorable events. This celebrates success and motivates students, staff, and families to look forward to the opportunities ahead.

    5. Create a Lasting Keepsake

    A holiday highlight video can become a keepsake that students, parents, and staff can look back on for years. 

    These videos preserve memories of special moments that might otherwise be forgotten, becoming a cherished reminder of the holiday magic your school creates every year.

    6. Boost School Spirit and Morale

    For students and staff, a holiday highlight video can be a source of pride, reinforcing the positive energy and teamwork that make the school a great place to learn and work. It’s a morale booster that helps everyone end the year on a high note.

    Investing in a holiday highlight video this season isn’t just a creative endeavour—it’s a meaningful way to connect, celebrate, and share the heart of your school with your community. Whether you’re looking to attract new families, strengthen existing relationships, or simply spread holiday cheer, a video is the perfect way to make your school’s message resonate this holiday season.

    Wondering how to take your school’s digital marketing strategy to the next level with video content? Reach out to learn about our customized services. 

    How to Create a Holiday Highlight Video

    Now, you might be wondering: how do I create a holiday video? Be sure to check all of these boxes: 

    • Remember to plan ahead 
    • Involve your school community in the process
    • Use high-quality visuals and audio
    • Add a festive, celebratory touch 
    • Edit for quality and interest 
    • Share your school’s holiday video on multiple platforms

    What platforms are best for sharing a holiday video? Or, if we’re thinking of cost efficiency, what is the best app to create holiday videos for free? YouTube and TikTok are favorites among schools looking to use video content to communicate with their existing student body and boost enrollment due to their huge audiences and ease of use. 

    By planning thoughtfully, fostering collaboration, and putting a creative twist on your school’s holiday celebrations, you can create a video that delights your community and leaves a lasting impression. Now, for what you’ve been waiting for. Let’s see what schools all over the world have come up with.

    The University of Louisville – Get the Whole Community Involved 

    The University of Louisville created a standout holiday video that resonated with its community. The star of the show? Their mascot Louie the Cardinal handed out Christmas cards to several members of the school community (Get it? Louie… Cardinal? We love a good pun!) The video wrapped up with a heartfelt holiday message from a school administrator, reflecting on the year’s achievements and sharing an inspiring outlook for 2025.

    The key to an impactful school holiday video is involving as many members of your community as possible. Why is that? First of all, the holiday season is all about coming together. Including students, staff, and faculty members is both an excellent way to celebrate and an effective way to showcase your close-knit community to current and prospective students. 

    Remember that a strong school community garners trust and credibility, and encourages online engagement which in turn broadens your reach, humanizes your brand, and instills a sense of pride. 

    YouTube videoYouTube video

    Source: University of Louisville | YouTube

    GSU Arts – Add a Creative Touch With Animation and Editing 

    True to its identity as an art school, Georgia State University College of the Arts has delighted its viewers with a festive animation project created by its own students and alumni.

    Your holiday video highlight does not have to be complicated–just a joy to watch. It’s an excellent idea to leverage the talent within your student body, providing students with the opportunity to add something to their resumes and encouraging them to do their best work. 

    YouTube videoYouTube video

    Source: GSU | YouTube

    University of Vermont – Foster Inspiration, Gratitude, and Excitement for the New Year

    This year, the University of Vermont went for a reflective, meaningful message, highlighting the positive impact that each department has on the planet. 

    Your school community members like to know that they are a part of something bigger than themselves. Give them a sense of belonging by reminding them of all the amazing things they can accomplish now as your students and in the future as graduates. 

    YouTube videoYouTube video

    Source: University of Vermont | YouTube

    Trent University – Remember to Infuse Some Holiday Magic!

    Trent University’s holiday video is full of holiday magic starring students and faculty members across various departments who open an enchanted book that sparkles brightly, creating a whimsical visual effect. 

    The use of a powerful slogan  – “Bright minds gather at Trent University” fits perfectly with the theme of the simple yet festive subject matter within the video. Remember that a little bit of effective video editing can create a magical holiday feel.

    YouTube videoYouTube video

    Source: Trent University | YouTube

    University of Toronto – Provide Some Needed Support During Exam Season

    Though holiday cheer is in the air, so is the stress of exam season. Here, the University of Toronto acknowledges this stress and provides a solution! This TikTok video features fellow students assembling Exam Ready Kits for stress-free studying.

    A video like this, particularly for post-secondary institutions, showcases a caring, supportive learning environment, which is appealing at any time of the year. Show how you care for the needs of students in your holiday highlight video. 

     

    @uoftstudentlife We’re stuffing, sorting, and prepping your FREE #ExamReadyUofT study kits to help you de-stress and thrive this exam season! Look out for our pop-up booths across campus starting next week 💙📚☕✏️ uoft.me/examreadyuoft Get ready to tackle your exams with everything you need in hand! [Text Description: Getting for exams? We’ve got you! Assembling your FREE Exam Ready Study Kits. Made with Care. Ready for you! Good luck on your exams!] #ExamReadyKit #uoft #uoftstudentlife #studentlife #universityoftoronto #lifeatuoft #uoftlife #utsg #uoftsg #uoftstgeorge #examseason #studyessentials #examde-stress #university ♬ Happy with ukeleles – Royaltyfreemusicforvideos

    Source: University of Toronto| TikTok

    Glenbard North High School – Share Highlights From Holiday Spirit Week

    Leading up to the holiday break, many schools, particularly K-12, invite staff and students to participate in holiday-themed spirit weeks. 

    Glenbard North made a short, fun TikTok video where students and a staff member introduced the themes of each day: cozy, candy cane coloured, family photo themed, Grinch vs. Whos, and festive. How fun! Try fun short videos like this on TikTok to create excitement. 

    @north.panthers Coming next week! #holidayseason #winterspiritweek #schoolpride #gift #santa ♬ original sound – Glenbard North

    Source: Glenbard North High School | TikTok

    University of Michigan – Highlight Holiday Events for a Good Cause

    The University of Michigan shared heartwarming highlights from their annual tree lighting ceremony. The guests of honour were the C.S. Mott Children’s Hospital’s ‘calendar kids’ who enjoyed special guest appearances from Batman and Captain Marvel. 

    Think about how your school gives back to the community and showcase that to demonstrate your commitment to making a positive impact as an institution. How fitting for the season of giving. 

    YouTube videoYouTube video

    Source: University of Michigan | YouTube

    McTavish High School – Give Students Something to Look Forward To! 

    The holidays are a time for celebration! Many schools host dances and events around this time. Make a fun video providing the details of your upcoming winter celebrations to give students something to look forward to. 

    In their video, McTavish High School provides essential event details in the video content and the description and creates hype around the upcoming dance with a high-energy mini-skit performed by students. 

    @mctavishstudentcouncil Marauders, we are having a Winter Wonderland Dance on December 5th 2024 from 7-9pm at École McTavish! Make sure to register and sign up for your friends from other schools in the learning commons before December 2nd! #studentcouncil #winterwonderland #fyp #trending #winterformal #emhs #schooldance ♬ original sound – McTavish Student Council

    Source: McTavish High School| TikTok 

    University of Bristol – Show off Your Holiday Decorations 

    Just the sight of a well-lit tree can elicit excitement for lovers of the holiday season. Have you been decorating on campus? If so, why not show it off? 

    This simple video by the University of Bristol puts their beautiful tree on display and encourages students to stop and appreciate the beauty of their campus in the winter time. Your holiday highlight video is the perfect opportunity not only to display your decorations but also to show off amenities on campus. Take advantage of this! 

    @uwebristol First snow on campus 🥹 #university #takeabreakfromscrolling #christmas2024 #snowday #campuslife #unicampus ♬ Im In Love Im Obsessed Rihanna x Casa Di Remix – CasaDi

    Source: University of West England Bristol | TikTok 

    University of Essex – Showcase the Diversity Within Your Community

    One of the most beautiful parts of the holiday season is learning about the many traditions kept across the world. 

    Particularly as a diverse school community like the University of Essex, highlighting the diversity of your student body can be a heartwarming and interesting way to celebrate as an institution. Try an authentic interview-style video like this one to learn more about the individuals that make your community special. 

    @uniofessex How are you celebrating Christmas or the New Year? Our students share a snippet of their traditions #UniversityofEssex #StudentLife #Traditions #Celebrate ♬ original sound – University of Essex

    Source: University of Essex | TikTok 

    The holiday season offers schools a unique opportunity to celebrate their community, showcase their values, and engage with their audiences in meaningful ways. Whether through heartfelt messages, creative animations, or exciting event highlights, a holiday video can capture the essence of your school while fostering pride and connection. 

    By drawing inspiration from the examples we went through and tailoring your approach to reflect your school’s spirit, you can create a memorable and impactful holiday highlight video that resonates with your students, staff, and families. Here’s to celebrating our achievements and setting the stage for another bright and inspiring year ahead! 



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  • Top 10 School Holiday Videos

    Top 10 School Holiday Videos

    Reading Time: 8 minutes

    It’s the most wonderful time of the year! The holiday season represents the perfect time to reflect on all that your school community has accomplished and celebrate it. What better way to look back on 2024 with your staff, students, and families than a highlight video? 

    For years now, we’ve been compiling lists of our favorite holiday highlight videos from schools, sharing fun and compelling ideas that you can try to connect with your audience. Keep reading to discover the benefits of creating and distributing a holiday highlight video for your school and get inspiration from our list. Let’s get started! 

    Why Create a Holiday Highlight Video in 2024?

    Creating a holiday highlight video for your school this year can be a fun project but also a strategic way to strengthen your connection with your community, showcase your school’s unique culture, and leave a lasting impression during the festive season. Here’s why it’s worth the effort. 

    1. Build Stronger Community Connections

    A holiday highlight video allows you to bring your entire school community together. You highlight the collective spirit that defines your school by capturing moments from seasonal events, concerts, classroom celebrations, or volunteer initiatives. 

    Sharing these moments with parents, alumni, and local supporters creates a sense of belonging and pride, reinforcing that your school is a vibrant, supportive learning environment for students. 

    2. Showcase Your School’s Values and Culture

    What better way to showcase what makes your school unique than through a professionally crafted holiday highlight reel? A holiday video can encapsulate those values in action whether your school emphasizes creativity, inclusivity, or academic excellence. 

    It’s an opportunity to demonstrate how your students and staff embody the spirit of giving, kindness, and celebration during the holidays, making your school stand out to prospective families and partners.

    3. Engage Your Audience in a Memorable Way

    Videos are one of the most engaging forms of content, especially on social media. A holiday highlight video captures attention far more effectively than static posts or written updates. 

    By combining visuals, music, and heartfelt moments, your video can evoke emotion, spark joy, and encourage viewers to share it with others, amplifying your school’s reach and impact.

    4. Celebrate the Achievements of the Year

    The holiday season is a perfect time to reflect on the milestones your school has reached throughout the year. 

    A holiday highlight video can incorporate achievements from sports teams, academic competitions, or memorable events. This celebrates success and motivates students, staff, and families to look forward to what’s to come in the new year.

    5. Create a Lasting Keepsake

    A holiday highlight video can become a keepsake that students, parents, and staff can look back on for years. 

    These videos preserve memories of special moments that might otherwise be forgotten, becoming a cherished reminder of the holiday magic your school creates every year.

    6. Boost School Spirit and Morale

    For students and staff, a holiday highlight video can be a source of pride, reinforcing the positive energy and teamwork that make the school a great place to learn and work. It’s a morale booster that helps everyone end the year on a high note.

    Investing in a holiday highlight video this season isn’t just a creative endeavour—it’s a meaningful way to connect, celebrate, and share the heart of your school with your community. Whether you’re looking to attract new families, strengthen existing relationships, or simply spread holiday cheer, a video is the perfect way to make your school’s message resonate this holiday season.

    Wondering how to take your school’s digital marketing strategy to the next level with video content? Reach out to learn about our customized services. 

    How to Create a Holiday Highlight Video

    Now, you might be wondering: how do I create a holiday video? Be sure to check all of these boxes: 

    • Remember to plan ahead 
    • Involve your school community in the process
    • Use high-quality visuals and audio
    • Add a festive, celebratory touch 
    • Edit for quality and interest 
    • Share your school’s holiday video on multiple platforms

    What platforms are best for sharing a holiday video? Or, if we’re thinking of cost efficiency, what is the best app to create holiday videos for free? YouTube and TikTok are favorites among schools looking to use video content to communicate with their existing student body and boost enrollment due to their huge audiences and ease of use. 

    By planning thoughtfully, fostering collaboration, and putting a creative twist on your school’s holiday celebrations, you can create a video that delights your community and leaves a lasting impression. Now, for what you’ve been waiting for. Let’s see what schools all over the world have come up with.

    The University of Louisville – Get the Whole Community Involved 

    The University of Louisville made a great holiday video this year. The star of the show? Their mascot Louie the Cardinal handed out Christmas cards to several members of the school community (Get it? Louie… Cardinal? We love a good pun!) The video wrapped up with a heartfelt holiday message from a school administrator, reflecting on the year’s achievements and sharing an inspiring outlook for 2025.

    The key to an impactful school holiday video is involving as many members of your community as possible. Why is that? First of all, the holiday season is all about coming together. Including students, staff, and faculty members is both an excellent way to celebrate and an effective way to showcase your close-knit community to current and prospective students. 

    Remember that a strong school community garners trust and credibility, and encourages online engagement which in turn broadens your reach, humanizes your brand, and instills a sense of pride. 

    YouTube videoYouTube video

    Source: University of Louisville | YouTube

    GSU Arts – Add a Creative Touch With Animation and Editing 

    This year, true to its identity as an art school, Georgia State University College of the Arts delighted its viewers with a festive animation project created by its very own current and former students. 

    Your holiday video highlight does not have to be complicated–just a joy to watch. It’s an excellent idea to leverage the talent within your student body, providing students with the opportunity to add something to their resumes and encouraging them to do their best work. 

    YouTube videoYouTube video

    Source: GSU | YouTube

    University of Vermont – Foster Inspiration, Gratitude, and Excitement for the New Year

    This year, the University of Vermont went for a reflective, meaningful message, highlighting the positive impact that each department has on the planet. 

    Your school community members like to know that they are a part of something bigger than themselves. Give them a sense of belonging by reminding them of all the amazing things they can accomplish now as your students and in the future as graduates. 

    YouTube videoYouTube video

    Source: University of Vermont | YouTube

    Trent University – Remember to Infuse Some Holiday Magic!

    Trent University’s holiday video is full of holiday magic starring students and faculty members across various departments who open an enchanted book that sparkles brightly, creating a whimsical visual effect. 

    The use of a powerful slogan  – “Bright minds gather at Trent University” fits perfectly with the theme of the simple yet festive subject matter within the video. Remember that a little bit of effective video editing can create a magical holiday feel.

    YouTube videoYouTube video

    Source: Trent University | YouTube

    University of Toronto – Provide Some Needed Support During Exam Season

    Though holiday cheer is in the air, so is the stress of exam season. Here, the University of Toronto acknowledges this stress and provides a solution! This TikTok video features fellow students assembling Exam Ready Kits for stress-free studying.

    A video like this, particularly for post-secondary institutions, showcases a caring, supportive learning environment, which is appealing at any time of the year. Show how you care for the needs of students in your holiday highlight video. 

     

    @uoftstudentlife We’re stuffing, sorting, and prepping your FREE #ExamReadyUofT study kits to help you de-stress and thrive this exam season! Look out for our pop-up booths across campus starting next week 💙📚☕✏️ uoft.me/examreadyuoft Get ready to tackle your exams with everything you need in hand! [Text Description: Getting for exams? We’ve got you! Assembling your FREE Exam Ready Study Kits. Made with Care. Ready for you! Good luck on your exams!] #ExamReadyKit #uoft #uoftstudentlife #studentlife #universityoftoronto #lifeatuoft #uoftlife #utsg #uoftsg #uoftstgeorge #examseason #studyessentials #examde-stress #university ♬ Happy with ukeleles – Royaltyfreemusicforvideos

    Source: University of Toronto| TikTok

    Glenbard North High School – Share Highlights From Holiday Spirit Week

    Leading up to the holiday break, many schools, particularly K-12, invite staff and students to participate in holiday-themed spirit weeks. 

    Glenbard North made a short, fun TikTok video where students and a staff member introduced the themes of each day: cozy, candy cane coloured, family photo themed, Grinch vs. Whos, and festive. How fun! Try fun short videos like this on TikTok to create excitement. 

    @north.panthers Coming next week! #holidayseason #winterspiritweek #schoolpride #gift #santa ♬ original sound – Glenbard North

    Source: Glenbard North High School | TikTok

    University of Michigan – Highlight Holiday Events for a Good Cause

    The University of Michigan shared heartwarming highlights from their annual tree lighting ceremony. The guests of honour were the C.S. Mott Children’s Hospital’s ‘calendar kids’ who enjoyed special guest appearances from Batman and Captain Marvel. 

    Think about how your school gives back to the community and showcase that to demonstrate your commitment to making a positive impact as an institution. How fitting for the season of giving. 

    YouTube videoYouTube video

    Source: University of Michigan | YouTube

    McTavish High School – Give Students Something to Look Forward To! 

    The holidays are a time for celebration! Many schools host dances and events around this time. Make a fun video providing the details of your upcoming winter celebrations to give students something to look forward to. 

    In their video, McTavish High School provides essential event details in the video content and the description and creates hype around the upcoming dance with a high-energy mini-skit performed by students. 

    @mctavishstudentcouncil Marauders, we are having a Winter Wonderland Dance on December 5th 2024 from 7-9pm at École McTavish! Make sure to register and sign up for your friends from other schools in the learning commons before December 2nd! #studentcouncil #winterwonderland #fyp #trending #winterformal #emhs #schooldance ♬ original sound – McTavish Student Council

    Source: McTavish High School| TikTok 

    University of Bristol – Show off Your Holiday Decorations 

    Just the sight of a well-lit tree can elicit excitement for lovers of the holiday season. Have you been decorating on campus? If so, why not show it off? 

    This simple video by the University of Bristol puts their beautiful tree on display and encourages students to stop and appreciate the beauty of their campus in the winter time. Your holiday highlight video is the perfect opportunity not only to display your decorations but also to show off amenities on campus. Take advantage of this! 

    @uwebristol First snow on campus 🥹 #university #takeabreakfromscrolling #christmas2024 #snowday #campuslife #unicampus ♬ Im In Love Im Obsessed Rihanna x Casa Di Remix – CasaDi

    Source: University of West England Bristol | TikTok 

    University of Essex – Showcase the Diversity Within Your Community

    One of the most beautiful parts of the holiday season is learning about the many traditions kept across the world. 

    Particularly as a diverse school community like the University of Essex, highlighting the diversity of your student body can be a heartwarming and interesting way to celebrate as an institution. Try an authentic interview-style video like this one to learn more about the individuals that make your community special. 

    @uniofessex How are you celebrating Christmas or the New Year? Our students share a snippet of their traditions #UniversityofEssex #StudentLife #Traditions #Celebrate ♬ original sound – University of Essex

    Source: University of Essex | TikTok 

    The holiday season offers schools a unique opportunity to celebrate their community, showcase their values, and engage with their audiences in meaningful ways. Whether through heartfelt messages, creative animations, or exciting event highlights, a holiday video can capture the essence of your school while fostering pride and connection. 

    By drawing inspiration from the examples we went through and tailoring your approach to reflect your school’s spirit, you can create a memorable and impactful holiday highlight video that resonates with your students, staff, and families. Here’s to celebrating the achievements of 2024 and setting the stage for a bright and inspiring 2025! 



    Source link

  • Media on the run: A sign of things to come in Trump times? — First Amendment News 451

    Media on the run: A sign of things to come in Trump times? — First Amendment News 451

    “[There is a] deeply troubling notion that anyone who dares to report unfavorable facts about a presidential candidate is engaged in ‘sabotage’ (as opposed to, say, contributing to the free exchange of information and ideas that makes our democracy possible).” – David McCraw (New York Times lawyer)

    While some liberals are busy pissing in the free speech pot with their PC campus cancel culture campaigns, some conservatives do likewise with their compliant support of Trump’s anti-free speech crusade.

    Mind you, this is not any equivalence dodge but rather further proof of Nat Hentoff’s damnatory maxim, “free speech for me — but not for thee.” 

    I continue to be amazed by the fact that so many so-called free speech supporters in the conservative and even libertarian camps are cowardly silent when Trump and his sycophantic serfs (e.g., his Attorney General candidate) make it abundantly clear that they intend to wage censorial war on their political opponents.

    ABC’s $15 million+ settlement

    Before I say more about anti-free speech Trumpsters, let me say a few words about ABC’s $15 million settlement (replete with an apology and another $1 million for attorneys’ fees) in the Trump defamation case involving George Stephanopoulos. ABC News agreed to pay that amount toward Donald Trump’s presidential library.

    Warranted or not, ABC’s settlement has drawn criticism. For example:

    Alejandro Brito, lawyer for Donald Trump.
    • Joyce Vance: “I’m old enough to remember — and to have worked on — cases where newspapers vigorously defended themselves against defamation cases instead of folding before the defendant was even deposed. . . . That, by the way, includes defamation cases brought by candidates for the presidency.”
    • Stephen Rohde: “I think the reasoning behind Judge Altonaga’s denial of ABC’s Motion to Dismiss was flawed and ABC should have sought appellate review before paying Trump’s non-existent ‘Presidential Library’ $15 million and his lawyers another $1 million. I think on the witness stand Stephanopoulos would have impressed the jury that he genuinely believed the defamation verdict meant that Trump had raped Carroll. Even before it got to the jury, ABC would have had a good motion for a nonsuit under NYT v Sullivan that Trump failed to prove Stephanopoulos subjectively possessed ‘knowledge of falsity’ or acted in ‘reckless disregard of the truth.’ And ABC’s lawyers would have a field day cross-examining Trump on his entire sordid past in order to show that his reputation as a sexual abuser, liar, and convicted felon was hardly damaged by this one broadcast.”

    Five possible reasons for ABC’s settlement

    Though ABC was represented by Nathan Siegel and Elizabeth McNamara (Davis Wright Tremaine), it is well to remember that while settlement agreements can be those urged by counsel, they are ultimately decided by the client even if their counsel urges otherwise. In other words, in the Trump case, counsel and client may have agreed on settling or disagreed, and the client’s wishes prevailed. However that might be, the following reasons might explain why ABC opted to settle:

    1. Fear of what discovery might reveal: Here, the concern would have to do with the possibility of making public damning e-mails or other communications that showed an animus towards Trump and/or a certain recklessness in how ABC conducted itself.
    2. Desire to shield Stephanopolous from deposition and/or cross-examination at trial: The concern here may have been that Stephanopolous might be dangerously vulnerable during discovery or at trial when pressed by Trump’s lawyer (Alejandro Brito).
    3. Fear of a potential hostile Florida jury: Trying a case before a South Florida jury could be dangerous given the possibility of sympathy towards Trump and/or the possibility of Dominion-sized damages (unlikely though still possible). 
    4. Best time to settle: After U.S. Magistrate Judge Lisette M. Reid ordered Trump to be deposed, ABC might have figured that this was the best time to cut a deal with the plaintiff and cut its losses.
    5. Desire to placate Trump moving forward: Here, fear of retribution going forward might have also played a role in ABC’s decision to settle.

    Going forward: Media on the run

    While not compliant in duplicitous ways, some in the media world are nonetheless guarded in how to proceed in Trump times.

    For example, “The news media is heading into this next administration with its eyes open,” said Bruce Brown, executive director of the Reporters Committee for the Freedom of the Press. “Some challenges to the free press may be overt, some may be more subtle,” Brown said. “We’ll need to be prepared for rapid response as well as long campaigns to protect our rights — and to remember that our most important audiences are the courts and the public.”

    That said, consider the following:

    1. Libel Lawsuits on the rise: “During the presidential campaign, Trump sued CBS News [for $10 million] for the way it edited an interview with opponent Kamala Harris. At his news conference, Trump said he was expecting to file a lawsuit against the Des Moines Register in Iowa for publishing results of a poll shortly before the election that suddenly had him behind Harris. He said that amounted to ‘fraud and election interference.’”

    UPDATE: Graham Kates, “Trump sues Des Moines Register over poll, promises more lawsuits against news outlets after ABC News settlement,” CBS News (Dec. 17)

    1. Licensing Threats: “Over the past several weeks, lawyers for Mr. Trump and two of his most high-profile nominees — Pete Hegseth, the potential defense secretary, and Kash Patel, whom Mr. Trump has picked to run the F.B.I. — warned journalists and others of defamation lawsuits for what they had said or written.”

    See also: Jon Brodkin, “Trump FCC chair wants to revoke broadcast licenses—the 1st Amendment might stop him,” Ars Technica, (Dec. 17):

    “Look, the law is very clear,” Brendan Carr [Trump’s pick for the FCC] told CNBC on Dec. 6. “The Communications Act says you have to operate in the public interest. And if you don’t, yes, one of the consequences is potentially losing your license. And of course, that’s on the table. I mean, look, broadcast licenses are not sacred cows.” Carr has said his FCC will take a close look at a complaint regarding a CBS 60 Minutes interview with Kamala Harris before the election. Trump criticized the editing of the interview and said that “CBS should lose its license.”

    [ . . . ]

    The Carr FCC and Trump administration “can hassle the living daylights out of broadcasters or other media outlets in annoying ways,” said Andrew Jay Schwartzman, who is senior counselor for the Benton Institute for Broadband & Society.

    1. Seizing Journalists’ Records: “News organizations are worried that a Justice Department policy that has generally prohibited prosecutors from seizing the records of journalists in order to investigate leaks will be reversed, and are already urging journalists to protect their work. ‘If you have something you don’t want to share with a broader audience, don’t put it on the cloud,’ ProPublica’s [Jesse] Engelberg said.”
    2. Ending Support for Public Radio and TV: “Sen. John Kennedy of Louisiana recently introduced a bill that would end taxpayer funding for public radio and television, a longtime goal of many Republicans that may get momentum with the party back in power.”
    3. Testing the Boundaries of Current Defamation Law“‘There’s been a pattern and practice for the past couple of years of using defamation litigation as a tactic to harass or test the boundary of case law,’ said Ms. [Elizabeth] McNamara, who represented ABC News and Mr. Stephanopoulos but was speaking in general.”

    See also: Angel Eduardo, “Why New York Times v. Sullivan matters more than ever,” FIRE (March 7, 2023):

    There have been numerous bids for the Supreme Court to overrule the Sullivan decision, and Justices Clarence Thomas and Neil Gorsuch have both expressed a willingness to revisit it. Politicians from former President Donald Trump to Florida Governor Ron DeSantis have publicly attacked the Sullivan decision and its underlying arguments, and Florida state legislator Alex Andrade filed a bill in February 2023 designed to effectively overturn it.

    1. Currying favor with Trump: A recent New York Times headline says much: “In Display of Fealty, Tech Industry Curries Favor with Trump.” That seems to be the trend:

    The $1 million donations came gradually — and then all at once.

    MetaAmazonOpenAI’s Sam Altman. Each of these Silicon Valley companies or their leaders promised to support President-elect Donald J. Trump’s inaugural committee with seven-figure checks over the past week, often accompanied by a pilgrimage to Mar-a-Lago to bend the knee.

    The procession of tech leaders who traveled to hobnob with Mr. Trump face-to-face included Sundar Pichai, Google’s chief executive, and Sergey Brin, a Google founder, who together dined with Mr. Trump on Thursday. Tim Cook, Apple’s chief executive, shared a meal with Mr. Trump on Friday. And Jeff Bezos, the founder of Amazon, planned to meet with Mr. Trump in the next few days. 

    [ . . . ]

    With their donations, visits and comments, they joined a party that has already raged for a month, as a cohort of influential Silicon Valley billionaires, led by Elon Musk, began running parts of Mr. Trump’s transition after endorsing him in the campaign.

    See also: “List of Tech Companies That Donated to Trump’s Inaugural Fund,” Newsweek (Dec. 13)

    Related

    TikTok takes its case to Supreme Court

    A group of TikTok users filed a separate application on Monday afternoon, also asking the court to block enforcement of the law.

    Social media giant TikTok and its parent company, ByteDance, on Monday asked the justices to block a federal law that would require TikTok to shut down in the United States unless ByteDance can sell off the U.S. company by Jan. 19. Unless the justices intervene, the companies argued in a 41-page filing, the law will “shutter one of America’s most popular speech platforms the day before a presidential inauguration.”

    The request came three days after a federal appeals court in Washington turned down a request to put the law on hold to give TikTok time to seek review in the Supreme Court. A panel made up of judges appointed by Presidents Barack Obama, Donald Trump, and Ronald Reagan explained that the companies were effectively seeking to delay “the date selected by Congress to put its chosen policies into effect” — particularly when Congress and the president had made the “deliberate choice” to “set a firm 270-day clock,” with the possibility of only one 90-day extension.

    Congress enacted the law, the Protecting Americans from Foreign Adversary Controlled Applications Act, earlier this year, and President Joe Biden signed it on April 24. The law identifies China and three other countries as “foreign adversaries” of the United States and bans the use of apps controlled by those countries.

    TikTok, which has roughly 170 million users in the United States and more than a billion worldwide, ByteDance, and others filed challenges to the law in the U.S. Court of Appeals for the District of Columbia Circuit.

    Related

    Oklahoma Settlement protects journalists’ right to cover education officials

    Oklahoma City, OK — After officials blocked reporters from attending state government proceedings, Oklahoma’s oldest television station has now secured a major victory for press freedom, reaching a settlement that ensures its reporters will have full access to state education meetings and officials. The win also includes a court-ordered permanent injunction that bars officials from ever repeating the behavior that led to the lawsuit.

    The agreement resolves the First Amendment lawsuit filed by the Institute for Free Speech and local counsel Robert “Bob” Nelon of Hall Estill on behalf of three reporters and their employer, the owner of Oklahoma City television station KFOR-TV, against Oklahoma Superintendent of Public Instruction Ryan Walters and Press Secretary Dan Isett. The settlement guarantees KFOR equal access to State Board of Education meetings, press conferences, and other media events.

    “This settlement vindicates the fundamental principle that government officials cannot declare themselves the arbiters of ‘truth,’ or pick and choose which news outlets cover their activities based on how favorable the reporting is,” said Institute for Free Speech Senior Attorney Charles “Chip” Miller. “The First Amendment protects the right of journalists to gather and report news, even — or especially — when the coverage scrutinizes government officials and holds them accountable to the public.”

    The agreement requires the Oklahoma State Department of Education to restore KFOR’s access to board meetings, press conferences, and media events. It also mandates KFOR’s inclusion in all press distribution lists and advance notifications of department activities. Additionally, the department agreed to re-establish a media line for journalists to attend board meetings.

    ‘So to Speak’ podcast: Whittington on academic freedom


    “Who controls what is taught in American universities — professors or politicians?”

    Yale Law professor Keith Whittington answers this timely question and more in his new book, “You Can’t Teach That! The Battle over University Classrooms.” He joins the podcast to discuss the history of academic freedom, the difference between intramural and extramural speech, and why there is a “weaponization” of intellectual diversity.

    Keith E. Whittington is the David Boies Professor of Law at Yale Law School. Whittington’s teaching and scholarship span American constitutional theory, American political and constitutional history, judicial politics, the presidency, and free speech and the law.

    Stephen Solomon on ‘Revolutionary Dissent’


    What persuaded our nation’s founders to reject the British laws that made it a crime to criticize government officials and, instead, guarantee freedom of speech and press? NYU Professor and First Amendment Watch editor Stephen Solomon told the story of the protests and controversy that led to the First Amendment in a recent talk at The Ferguson Library in Stamford, CT.

    More in the News

    2024-2025 SCOTUS term: Free expression and related cases

    Cases decided

    • Villarreal v. Alaniz (Petition granted. Judgment vacated and case remanded for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam))
    • Murphy v. Schmitt (“The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam).”)

    Review granted

    Pending petitions

    Petitions denied

    Last scheduled FAN

    FAN 450: “‘What Is Free Speech? The History of a Dangerous Idea’ — Major new book coming next year

    This article is part of First Amendment News, an editorially independent publication edited by Ronald K.L. Collins and hosted by FIRE as part of our mission to educate the public about First Amendment issues. The opinions expressed are those of the article’s author(s) and may not reflect the opinions of FIRE or Mr. Collins.

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