Category: Featured

  • UCAS End of Cycle provider data, 2024

    UCAS End of Cycle provider data, 2024

    Chat to anyone involved in sector admissions and you will hear a similar story.

    And the story appears to be true.

    It is now clear “high tariff” providers have been lowering their entry tariff (often substantially) in order to grow recruitment – meaning students with less-than-stellar grades have been ending up in prestigious institutions, and the kinds of places students like this would more usually attend have been struggling to recruit as a result.

    In other words, the 2024 looks a lot like a lockdown cycle (without the examnishambles and Zoom pub quizzes).

    Any major dude will tell you

    We noted, at a sector level, the rise in the number of offers made by high-tariff providers – it was the highest number on record. There was no parallel rise in A level attainment, which suggests a strategic decision, made early on, to widen access.

    Today’s release of UCAS End of Cycle data for 2024 at provider level illustrates that this picture is a generalisation. Some high-tariff providers have acted in the way described above, others have pursued alternative strategies. And other providers have hit on other ways to drive undergraduate recruitment.

    Starting with my favourite chart, we can think about these individual strategies in more detail. This scatter plot shows the year-on-year change in the number of applications along the horizontal axis and the year-on-year change in acceptances on the vertical. There’s filters for gender, domicile, age group and subject group (at the top level) – and I’ve provided a choice of comparator years if you want to look at changes over a longer term. The size of the dots represents the total recruitment by that provider in 2024, given the parameters we can see.

    [Full screen]

    In essence this illustrates popularity (among applicants) and selectivity. What we can see here for 2024 (defaulting to UK 18 year olds applying to all subjects compared to 2023) is that pretty much the entire Russell group has made significant (c500 or above) increases in recruitment, whether or not they saw a corresponding growth in applications.

    It’s not the full story – the picture for other pre-92 and post-92 providers is more mixed, with some providers able to leverage popularity (or desperation) to find growth.

    My old school

    We can’t look directly at provider behaviour by tariff, but we can examine what qualifications students placed at the provider have – here a key indicator might be an increase in the number of students entering without A levels (a group that tends to have lower tariffs overall).

    [Full screen]

    The trouble is, A level entry rates have also increased – pretty much anyone who wants to and can do A levels is now doing A levels. With the decline in BTEC popularity, and the still uncertain interest in T levels, this is to be expected. All this means most providers have seen an increase or steady state in the number of students entering with A levels (when you include that A level plus project options). In Scotland – and recall we don’t get the complete picture of Scottish applications from UCAS because of a wonderful little thing called intercalation – it’s SQA pretty much all the way.

    Everything you did

    If you are wondering whether a change in age groups placed as undergraduates could also have an impact on recruitment patterns, it looks as if the pattern of low and slowly falling mature recruitment continues for most providers. For larger universities most of the action is around 18 year old home recruitment – and specialist providers that focus on mature students (often via part-time or flexible study) tend to struggle.

    [Full screen]

    The other key factor is domicile – the changes to visa arrangements this time last year had a huge impact on international applications (particularly from countries like India and Nigeria that have become important for lower tariff providers) and coupled with some of the changes described above this has resulted in some providers seeing undergraduate international admissions fall off a cliff.

    [Full screen]

    As always, undergraduate isn’t the full story – we’ve still no reliable way of understanding postgraduate recruitment in the round until we get the HESA data long after the academic year in question has finished. I just hope that regulators with new duties to understand the financial stability of the sector have more of a clue.

    Any world that I’m welcome to

    With some providers stuffed to the seams and beyond with students they wouldn’t usually accept – many with support needs it is unclear whether they are able to meet – it is unclear who exactly benefits from this new state of affairs. The claim we regularly hear is that universities lose money on educating home students, and that these must be cross subsidised by international recruitment.

    The corollary of this is that in times where international student recruitment is restricted you would expect to see the number of home students at providers reliant on this income fall – after all, if you lose money on every home student the more you recruit the more money you lose. Though measures to widen access and participation are important (and indeed, we see welcome evidence of contextual admissions at selective providers in the chart below) the fact of it is that you need to spend money to support students without the cultural capital to succeed.

    [Full screen]

    The rather painful conclusion I reach is that the only way to make this year’s sums add up is a reduction in spend per student – and, thus, most likely, the quality of the student experience among precisely the students who would have been overjoyed to get a place at a famous university. We should keep a close eye on continuation metrics and the national student survey this year.

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  • Institutions may be holding themselves back by not sharing enough data

    Institutions may be holding themselves back by not sharing enough data

    Wonkhe readers need little persuasion that information flows are vital to the higher education sector. But without properly considering those flows and how to minimise the risk of something going wrong, institutions can find themselves at risk of substantial fines, claims and reputational damage. These risks need organisational focus from the top down as well as regular review.

    Information flows in higher education occur not only in teaching and research but in every other area of activity such as accommodation arrangements, student support, alumni relations, fundraising, staff and student complaints and disciplinary matters. Sometimes these flows are within organisations, sometimes they involve sharing data externally.

    Universities hold both highly sensitive research information and personal data. Examples of the latter include information about individuals’ physical and mental health, family circumstances, care background, religion, financial information and a huge range of other personal information.

    The public narrative on risks around data tend to focus on examples of inadvertently sharing protected information – such as in the recent case of the Information Commissioner’s decision to fine the Police Service of Northern Ireland £750,000 in relation to the inadvertent disclosure of personal information over 9,000 officers and staff in response to a freedom of information request. The same breach has also resulted in individuals bringing legal claims against the PSNI, with media reports suggesting a potential bill for those at up to £240m.

    There is also the issue of higher education institutions being a target for cyber attack by criminal and state actors. Loss of data through such attacks again has the potential to result in fines and other regulatory action as well as claims by those affected.

    Oversharing and undersharing

    But inadvertent sharing of information and cyberattacks are not the only areas of risk. In some circumstances a failure to ensure that information is properly collected and shared lawfully may also be a risk. And ensuring effective and appropriate flows of information to the governing body is key to it being able to fulfil its oversight function.

    One aspect of the tragic circumstances mentioned in the High Court appeal ruling in the case concerning Natasha Abrahart is the finding that there had been a failure to pass on information about a suicide attempt to key members of staff, which might have enabled action to be taken to remove pressure on Natasha.

    Another area of focus concerns sharing of information related to complaints of sexual harassment and misconduct and subsequent investigations. OfS Condition E6 and its accompanying guidance which comes fully into effect on 1 August 2025 includes measures on matters such as reporting potential complaints and the sensitive handling and fair use of information. The condition and guidance require the provider to set out comprehensively and in an easy to understand manner how it ensures that those “directly affected” by decisions are directly informed about those decisions and the reasons for them.

    There are also potential information flows concerning measures intended to protect students from any actual or potential abuse of power or conflict of interest in respect of what the condition refers to as “intimate personal relationships” between “relevant staff members” and students.

    All of these data flows are highly sensitive and institutions will need to ensure that appropriate thought is given to policies, procedures and systems security as well as identifying the legal basis for collecting, holding and sharing information, taking appropriate account of individual rights.

    A blanket approach will not serve

    Whilst there are some important broad principles in data protection law that should be applied when determining the legal basis for processing personal data, in sensitive cases like allegations of sexual harassment the question of exactly what information can be shared with another person involved in the process often needs to be considered against the particular circumstances.

    Broadly speaking in most cases where sexual harassment or mental health support is concerned, the legislation will require at minimum both a lawful basis and a condition for processing “special category” and/or data that includes potential allegations of a criminal act. Criminal offences and allegations data and special category data (which includes data relating to an individual’s health, sex life and sexual orientation) are subject to heightened controls under the legislation.

    Without getting into the fine detail it can often be necessary to consider individuals’ rights and interests in light of the specific circumstances. This is brought into sharp focus when considering matters such as:

    • Sharing information with an emergency contact in scenarios that might fall short of a clear “life or death” situation.
    • Considering what information to provide to a student who has made a complaint about sexual harassment by another student or staff member in relation to the outcome of their complaint and of any sanction imposed.

    It’s also important not to forget other legal frameworks that may be relevant to data flows. This includes express or implied duties of confidentiality that can arise where sensitive information is concerned. Careful thought needs to be given to make clear in relevant policies and documents when it is envisaged that information might need to be shared, and provided the law permits it.

    A range of other legal frameworks can also be relevant, such as consumer law, equality law and freedom of information obligations. And of course, aside from the legal issues, there will be potential reputational and institutional risks if something does go wrong. It’s important that senior management and governing bodies have sufficient oversight and involvement to encourage a culture of organisational awareness and compliance across the range of information governance issues that can arise.

    Managing the flow of information

    Institutions ought to have processes to keep their data governance under review, including measures that map out the flows and uses of data in accordance with relevant legal frameworks. The responsibility for oversight of data governance lies not only with any Data Protection Officer, but also with senior management and governors who can play a key part in ensuring a good data governance culture within institutions.

    Compliance mechanisms also need regular review and refresh including matters such as how privacy information is provided to individuals in a clear and timely way. Data governance needs to be embedded throughout the lifecycle of each item of data. And where new activities, policies or technologies are being considered, data governance needs to be a central part of project plans at the earliest stages to ensure that appropriate due diligence and other compliance requirements are in place, such as data processing agreements or data protection impact assessments are undertaken.

    Effective management of the flow ensures that the right data gets in front of the right people, at the right time – and means everyone can be confident the right balance has been struck between maintaining privacy and sharing vital information.

    This article is published in association with Mills & Reeve.

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  • Lessons for leaders from the campus encampments

    Lessons for leaders from the campus encampments

    It’s neither a personal nor an especially novel observation to suggest that both in the UK and across North America and Western Europe, debates about campus climate, culture and freedom of speech were upended on 7 October 2023.

    It’s not the purpose of the report, but you can really feel some of the contradictions coming to a head in Josh Freeman’s terrific new HEPI report on the Encampments protesting for Palestine and the response to them, tentatively timed to offer early reflections now that a ceasefire has been secured.

    What until October 7 had been a rhetorically wide framing of freedom of speech and a pretty narrow one over protection from harm and harassment was always going to be challenged when speech took the form of pro-Palestine placards rather than the punch and judy of rarified Russell Group debating societies.

    And while plenty of people still pretend that there are no “fine lines” and contradictions between, say, expressions of pro-Palestinian solidarity and antisemitism, Freeman’s report lays out the realities and complexities of universities, their students’ unions and students themselves being expected to tread and police those lines.

    I was struck, reading the report, by the contradictions between the way in which student “debaters” (the subject of a previous report from Freeman) and student activists of the sort in the encampments are often framed in terms of what they represent – the former is often assumed to be a near-universal experience or at least an ideal, while the latter are painted as an angry mob that often aren’t even students anyway.

    Both, in truth, are pretty unrepresentative of the contemporary higher education experience, both can seem like indulgences that many students are unable to afford, but both do have an influence on students’ understanding of the world. The fact that both appear to be largely confined to the Russell Group could easily be a source of shame rather than relief.

    Motivations and disruptions

    There’s a good methodology to the report that some tend to turn their nose up at when used on other issues – it’s basically a qualitative, case study-based approach, drawing on lived experiences through semi-structured interviews with key players – student protestors, university staff, students’ union officers, and Jewish students – while triangulating these insights with documentary analysis of public statements and social media discourse.

    As a result, there are some fascinating insights from Freeman. Fairly early on, he notes that in the student interviews, many were motivated by factors which, at least at face value, went far beyond the situation in Gaza – referring to other factors like islamophobia, tuition fees, staff pay and pensions, mental health or even the freedom to protest:

    These issues were rarely mentioned in encampments’ official demands but they appear to have been significant motivators to join the protests.

    There’s also a clutch of material on the way in which the encampments themselves operated – laying bare both aspects and incidents of obvious antisemitism, but also anguish about the right (and for some, perceived duty) to object to and highlight the actions of Israel throughout the war, and the way in which those protestors knew that that might be misinterpreted.

    Material on “disruption” is interesting too. Freeman identifies both an oft-denied truism – that this kind of “speech” is designed to be disruptive – and a less-understood concern of some protestors that keeping students on side by not excessively disrupting their education was important.

    The section on the “institutional response” is particularly helpful, mainly because it draws comparisons in the approach on engagement. The running theme is that where – either by chance or by design – institutional managers and student protesters were caused to meet and discuss as people, some inching away from simplistic demonisation was possible and helpful. By contrast, it looks like a lack of engagement allowed a simplistic framing – of protester as terrorist, and university manager as oppressor – to unhelpfully persist.

    Freeman also reflects on the learning made possible by those encounters:

    The ultimate goals of discussions should be learning, on the one hand – these examples suggest institutions still have much to learn from their students – and explaining, on the other, why some demands are not feasible.

    Another aspect of the diversity in approaches relates to “demands”. The old “give them an inch and they’ll take a mile” approach to students can be seen in this quote:

    It would create two categories of students … it would give them a carte blanche for any kind of behaviour.

    …while others were perceptive enough to recognise that hard and fast rules can look quite silly quite quickly when it’s often context that counts:

    It’s a special situation, an emotional issue. It’s okay to call this a one-off. Though some have said we are setting a bad precedent by allowing this behaviour.

    That’s true too over a running theme in the narrative amongst protesters – that taking an early and unequivocal stance on Ukraine in the way that most of the sector did was, for them, incompatible with a sudden concern for neutrality over Israel/Palestine.

    Frustratingly, Freeman even reports that after accusations of being “hypocrites”, “several” senior staff said that, on reflection, their institutions would avoid political statements entirely in the future – as if carefully crafted regulations will always trump context. They won’t.

    I’d also tentatively add that while it was undoubtedly true that:

    …In comparison with the Marking and Assessment Boycott, there is tiny traffic from students. To the bulk of our students, it [the conflict] is not on their radar. We have had a few hundred emails on divestment, but they are the same people writing over and over, with the same template.

    …one might argue that a huge international conflict, with significant global implications, might cause one to wonder why more students weren’t engaged, particularly in universities where “activism” is more a rarity than a rhythm.

    Threats, reputation and officialdom

    There are, inevitably, some pointed observations both about government and the Office for Students – which to this day has said almost nothing about so many of the edge cases of freedom v harm involved in Israel/Palestine, despite being in the process of launching two new “sandbags on the see saw” in the form of free speech duties and anti-harassment duties.

    Universities – perhaps it was always thus – were neither to be trusted nor offered much in the way of help when being left to resolve the tensions themselves:

    They’ve left us to it. That may have been the best thing.

    In a week when student activists appear to have brought down a populist Prime Minister in Serbia, I was also especially interested in Freeman’s observations about the relationship between what we might call the “official” voice of students – students’ unions – and the activists in the encampments.

    Before I even got to page 35, for example, I knew that words to this effect would appear somewhere:

    We engage with the Students’ Union as they are the democratically elected representatives, not with some small group of people, most of whom have nothing to do with the University or its community.

    I would note in eyebrow-raising passing that I’ve often come across that view from those who tend, in other contexts, to challenge the representativeness of their students’ union when advancing recommendations or opinions.

    But more broadly, I tend to adopt a straightforward principle when an organised group of students decides that the “official” channel of communication isn’t cutting the mustard – they often have a point. That’s partly because, back on that “hard and fast rule” thing, some SUs (and their universities) can take their apoliticism and desire to be seen to be supporting all students too far – overcooking reputational or charity law fears, and undercooking their role as clearing houses for often opposed student opinion.

    When Freeman recommends that:

    Distinguishing between the collective position of the students’ union on the one hand and the stances of individual elected officers on the other, so elected officers can remain true to their own views and the mandate they were elected on, while allowing the students’ union to remain apolitical, follow charity law and be representative of the wider student body.

    …it also seems fairly clear that the “own views” aspect of that doesn’t mean silence in the way that has been imposed for many an SU officer with strong views on the issues.

    Mediation and advocacy

    What’s helpful in the report is the description of the positive role that many SU officers and staff played in the process as mediators (supporting both encampments and institutions to reach a resolution), as intermediaries (passing “intelligence” between encampments and institutions), and as advocates to make sure the voices of all students are heard roles that many of their staff (outside a handful) are neither routinely funded for nor recognised.

    And as Freeman puts it when discussing allegations of illegitimacy:

    But rather than undermining the positions of elected officers, it might be more productive to work with the SU to create an effective process for dialogue with all groups of students. When the main mechanism for students to contribute to institutional policy does not function properly, it may explain why many students choose to bypass their unions and channel their frustrations through protest.

    I discussed some of the differences between what we might call the “official” student movement and the activists leading the blockades in Serbia in my write up on that issue elsewhere on the site – and I’m struck by the character of the past 18 months’ pro-Palestinian activism when compared to previous intensifications of the Middle East conflict.

    For many years, the “voice” of such activism tended to be the Federation of Islamic Student Societies (FOSIS), often setting up an arguably unhelpful and simplistic link between Jewish students, the Union of Jewish Students and a “pro Israel” position on the one hand, and Muslim students, FOSIS and a “pro Palestinian” position on the other.

    For all sorts of obvious reasons, the simplicity of those links and resultant “sides” was always problematic – it has never been just Muslim students and Jewish students caught up in debates over the conflict, and there have always been significant differences of opinion on the conflict within those “sides”.

    But it’s also true to say that both UJS and FOSIS were able to act in an “official” student representative role in a similar way to that that Freeman frames students’ unions as inhabiting – able to speak to power, their own members, and through NUS, each other. In recent years, FOSIS has fallen away in prominence – the channel for much of the anger and activism now represented by the Palestinian Solidarity Campaign and related offshoots – while UJS has tended to focus its efforts on persuading power to exert authority over antisemitism.

    That is not to suggest that either is wrong, or illegitimate, or especially problematic – but it has meant that in this phase of the Middle East crisis, one “side” has looked very official, while the “other” has looked like the opposite. In a climate where words like “oppressor” get attached to one side and “terrorist” to the other, those types of perhaps accidental perceptions are likely to have clouded wider students’ engagement in and understanding of what has been happening.

    Partnership and power

    Bringing both Serbia and the HEPI paper together, in quieter moments this week I’ve been caused to re-read this terrific paper from Simon Varwell on citizen participation in an era of emergency decision-making.

    Varwell is a former staffer from Sparqs – the little known (outside of Scotland) student participation “agency” originally set up to give a boost to class rep training north of the border. It rarely gets the credit it deserves from Scottish ministers or Principals, but it’s much more than its roots as a train the trainer scheme for reps these days – producing acres of intelligent and helpful material that has helped to engender partnership between students and universities in Scotland more generally.

    His paper – written in the teeth of the Covid crisis – makes a compelling argument that what Sherry Arnstein described in the late 60s as a “ladder” of participation pretty much turned into a circle during the pandemic – where the very highest and lowest levels of student engagement overlapped in a zone of anger and conflict.

    I think that argument matters – not especially from a tactical point of view, but because it’s clear that in some universities, notions of “partnership” melt away quickly when something more “serious” or “risky” is on the table – whether that’s making cuts to provision, handling Covid, or dealing with ministerial and press interest in a protest or “woke” initiative on campus.

    Partnership can mean all sorts of things to all sorts of people. But fundamentally it’s about sharing power, both between groups of students and between students and their university.

    Few would argue that partnerships of the latter should be “equal”. But when what is sold as a safe environment doesn’t feel like it, and when what is promoted as way of having your voice heard or your interests met feels like being ignored or marginalised, “senior” partners should always be mindful that universities aren’t schools, authority tends to depend on consent, and whatever the weight of expectation on the “grown ups” to crack down and control, conflict almost always requires both mediation and mutual respect.

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  • Grant reviews at NSF and NIH still paused

    Grant reviews at NSF and NIH still paused

    Anna Moneymaker/Getty Images

    The Trump administration on Wednesday walked back its plan to freeze trillions in federal grants and loans, though a review of thousands of federal programs continues, along with a pause on grant reviews at the National Science Foundation and National Institutes of Health.

    A federal judge blocked the plan from taking effect Tuesday night, but the proposal, outlined in a two-page memo, raised a number of questions and concerns from higher ed leaders who warned of devastating consequences. Had the order taken effect, it could have cut off millions in federal aid to colleges, though not federal student loans or Pell Grants. Congressional Democrats and others called the decision to rescind the memo a victory but criticized the Trump administration for causing chaos and confusion.

    White House press secretary Karoline Leavitt said on social media that rescinding the memo was “not a rescission of the federal funding freeze,” adding that “the president’s [executive orders] on federal funding remain in full force and effect and will be rigorously implemented.”

    So, the White House is still moving forward with plans to stop funding programs that are at odds with the president’s executive orders. In the last week, President Trump has issued executive orders that banned funding for diversity, equity and inclusion programs and “gender ideology” as well as cracked down on illegal immigration, among other issues.

    In order to comply with those orders, the National Science Foundation halted grant reviews this week, even before the memo from the Office of Management and Budget. The National Institutes of Health also canceled meetings key to reviewing research grant applications.

    The disruption to federal research funding has set university researchers and scientists on edge, and the grant reviews are still on hold, according to numerous sources within the academic research community. On Wednesday, the National Science Foundation said its top priority was to resume funding actions.

    “We are working expeditiously to conduct a comprehensive review of our projects, programs and activities to be compliant with the existing executive orders,” a statement posted online reads.

    NSF said that all grantees must comply with the orders and cease “all non-compliant grant and award activities.”

    “In particular, this may include, but is not limited to conferences, trainings, workshops, considerations for staffing and participant selection, and any other grant activity that uses or promotes the use of diversity, equity, inclusion and accessibility (DEIA) principles and frameworks or violates federal anti-discrimination laws,” the statement said. “Please work with your institutional research office to assist you in complying with the executive orders.”

    In addition to the temporary pause, the Office of Management and Budget ordered federal agencies to review more than 2,600 programs by Feb. 7 to ensure they comply with the executive orders. It’s unclear whether that deadline remains now that OMB rescinded the memo.

    At the Education Department, programs subject to review include TRIO, Pell Grants, student loans and grants for childcare on campus, as well as those that support students with disabilities and minority-serving institutions. Currently, neither the $229 million fund for Hispanic-serving institutions nor the $400 million grant program for historically Black colleges and universities is included in the review.

    As part of the review, agencies will have to answer a series of questions for each program, including whether the programs fund DEI, support “illegal aliens” or promote “gender ideology.”

    For programs that might not comply with the executive orders, OMB officials wrote in further guidance sent Tuesday that agency leaders could consult the office “to begin to unwind these objectionable policies without a pause in the payments.”

    Kathryn Palmer contributed to this report.

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  • FIRE statement on reports of forthcoming executive order on student visas and campus protests

    FIRE statement on reports of forthcoming executive order on student visas and campus protests

    President Donald Trump is expected to sign an executive order today threatening action against international students in the United States for their involvement in campus protests related to Israel and Hamas. 

    Per reports, President Trump promises to “quickly cancel the student visas of all Hamas sympathizers on college campuses, which have been infested with radicalism like never before,” and to deport students who joined “pro-jihadist protests.” 

    The revocation of student visas should not be used to punish and filter out ideas disfavored by the federal government. The strength of our nation’s system of higher education derives from the exchange of the widest range of views, even unpopular or dissenting ones.

    Students who commit crimes — including vandalism, threats, or violence — must face consequences, and those consequences may include the loss of a visa. But if today’s executive order reaches beyond illegal activity to instead punish students for protest or expression otherwise protected by the First Amendment, it must be withdrawn.

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  • Rachel Reeves and the Oxford-Cambridge Arc: Right time. Right place. Long live the Growth Corridor!

    Rachel Reeves and the Oxford-Cambridge Arc: Right time. Right place. Long live the Growth Corridor!

    The idea of a growth corridor between Oxford and Cambridge announced today is not new. Our region was fortunate with the announcements today: being ready, and in the right place at the right time armed with a good piece of policy background from Public First and Rachel Wolf.   

    While it has had many changes of name and cast, the idea of connecting this region has been around for at least 25 years. The idea has waxed and waned as it has acted as the poster child for Coalition, Tory and now Labour governments. It is estimated the Corridor could boost the economic contribution of the region by up to £78 billion, so has formed the centrepiece of the speech on growth given by Chancellor, Rachel Reeves. The Chancellor is going for growth in the Oxford-to-Cambridge Growth Corridor (formerly known as the Corridor, Arc, Region and now Corridor) with the ingredients of world-class companies with world-class talent and research and development.  

    It may even feel as if the Arc Universities Group – ‘working together towards inclusive and sustainable economic growth in an area of designated national economic significance’ – was formed in 2018 in anticipation of such a moment. This is a very long-term project which promises to bear fruit in 30-to-50 years. Universities are able to understand and span such timeframes. My own involvement, for a mere seven years, is transitory and many others have come and gone.  

    The universities in our region, and the relationships that they enjoy with industry and others, have played a pivotal role. There are several reasons for this, including:  

    1. We have been able to act as the honest broker and use our convening power to bring together people and conversations.  
    2. There has been a lot to learn as we face adaptive and existential challenges and these are the stock of universities.  
    3. We are largely independent in our actions, able to tell it how it is, free from the pressures of the electoral cycle or the vicissitudes of policy change. 
    4. Our universities have maturity of governance and stability of leadership, with vice-chancellors serving for at least five years, whereas Secretaries of State sometimes last only a few weeks. 
    5. The region, like many others, hosts a great diversity of institutions. The missions of our members are complementary  in their offering.  
    6. There is significant scale and influence with universities often being the biggest employers. With the benefit of money from the Higher Education Innovation Fund (HEIF), we have been able to act quickly and take risks that others have not and we have been able to hold the space while other processes catch up. 
    7. We have developed a great interface with industry and the private sector. 
    8. Partnerships: Perhaps the most valuable outcome of working in the wings for so many years is the alliances that have been formed between actors. We have formed a strategic alliance with East West Rail, with the private sector and with the sub-regional transport body, as well as the pan-regional partnership.  
    9. More recently we have cemented the relationship between universities and the private sector, in the formation of the Supercluster Board. 

    As our Chair, Alistair Fitt, the Vice-Chancellor of Oxford Brookes University and Chair of the Arc Universities Group, has reflected: 

    This region hosts a great diversity and scale of universities. Together we offer a wide range of key contributions: globally renowned research brilliance, the powerhouse of skills provision provided by cutting edge teaching, world-class knowledge transfer and commercialisation. Our universities, working in close partnership, in alliance with others – particular the private sector – are organised into the Arc Universities Group. We stand ready for the challenge. We welcome the oversight and experience that the leadership of Sir Patrick Vallance brings to the region, and we look forward to helping deliver the Chancellor’s aspirations for growth.

    The Supercluster Board (SCB) has been formed to ensure the UK can achieve its ambition to become a science and technology superpower. The SCB comprises a group of globally recognised scientific enterprises, investors and world-leading universities alongside the local enterprise partnerships, all of which have a vested interest in the region and will seek to work constructively with a wide range of stakeholders, including the UK Government, to deliver on the ambition for the Oxford-Cambridge Growth Corridor. 

    There is significant representation on this new group, with four university representatives on the main board, including Alistair Fitt, and with an expert panel comprising all the vice-chancellors or their near proxy. It is the private sector voice that has succeeded in landing the message about the region’s potential with Rachel Reeves.  

    I’m grateful to the many colleagues who have kept the faith. It is not always been easy, especially given the recent financial constraints, but the future looks promising and we can be greatly encouraged by the Chancellor’s recognition of the potential. The next challenge will be to see how we all deliver under the sudden power of the spotlight that will inevitably follow the announcements.  

    The photo accompanying this blog on the HEPI website is taken from https://www.gov.uk/government/publications/oxford-cambridge-arc/oxford-cambridge-arc

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  • Liaison Unveils New Intelligent Names Degree Intent Scores, Enhancing Predictive Power and Reach 

    Liaison Unveils New Intelligent Names Degree Intent Scores, Enhancing Predictive Power and Reach 

    Liaison, a leader in education technology and data-driven solutions, is excited to announce the release of its 2025 Intelligent Names Degree Intent Scores. These advanced scores represent a transformative leap in identifying adult learners nationwide with the highest potential for pursuing a degree. 

    The 2025 Degree Intent Scores are powered by cutting-edge data science, advanced modeling techniques, and insights from a national survey conducted in late 2024. Combined with responses from Liaison’s extensive consumer database of over 260 million Americans, this enhanced model offers unparalleled precision and reach into the adult learners market. 

    Recent testing using a national dataset of graduate program applicants showed a 20% improvement in predicting applicant activity within the highest intent band when comparing the new intent scores to the original. Similarly, an analysis of a national dataset of bachelor’s degree seekers found that Liaison’s Bachelor’s Degree Intent model accurately identified 91% of degree seekers under the age of 25 in the top two quintiles. These findings underscore the model’s remarkable accuracy, effectiveness, and value for higher education institutions. 

    “The 2025 Degree Intent Scores mark a major milestone in our mission to connect educational institutions with adult learners who are ready to take the next step in their academic journeys,” said Dr. Mark Voortman, Chief Data Scientist at Liaison. “By leveraging large-scale data and state-of-the-art modeling techniques, we’ve significantly enhanced our ability to help institutions identify adult learners most likely to pursue degree opportunities in the near future.” 

    The updated scoring model empowers colleges, universities, and other education providers with deeper, data-driven insights to refine recruitment strategies, enhance student engagement, and achieve enrollment goals more effectively. 

    Learn more about Intelligent Names here.

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  • Eight free expression cases pending on SCOTUS docket — First Amendment News 455

    Eight free expression cases pending on SCOTUS docket — First Amendment News 455

    Thus far this term, the Supreme Court has rendered judgments in three free speech cases. In two of them, it vacated and remanded the matters for further consideration in light of Gonzalez v. Trevino (2024) (per curiam, First Amendment retaliation claims). In the other case, TikTok Inc. and ByteDance Ltd v. Garland, the Court rejected the First Amendment claim. 

    At this point, the following eight cases remain on the docket and involve everything from student speech to campaign financing to abortion clinic buffer zones and an occupational licensing case, among other things.

    The Eight Cases

    1. The university bias-response teams case

    Issue: Whether university bias-response teams — official entities that solicit anonymous reports of bias, track them, investigate them, ask to meet with the perpetrators, and threaten to refer students for formal discipline — objectively chill students’ speech under the First Amendment.

    Counsel for PetitionerJ. Michael Connolly of Consovoy McCarthy, former Director of the Free Speech Clinic at the Antonin Scalia Law School at George Mason University.

    2. The conversations between counselors and their clients case

    Issue: Whether a law that censors certain conversations between counselors and their clients based on the viewpoints expressed regulates conduct or violates the free speech clause of the First Amendment.

    Counsel for PetitionerJohn J. Bursch of the Alliance Defending Freedom.

    3. The public middle school that censored a T-shirt case

    Issue: Whether school officials may presume substantial disruption or a violation of the rights of others from a student’s silent, passive, and untargeted ideological speech simply because that speech relates to matters of personal identity, even when the speech responds to the school’s opposing views, actions, or policies. 

    Counsel for PetitionerJohn J. Bursch of Alliance Defending Freedom.

    4. The campaign limits on coordinated party expenditures case

    Issue: Whether the limits on coordinated party expenditures in 52 U.S.C. § 30116 violate the First Amendment, either on their face or as applied to party spending in connection with “party coordinated communications” as defined in 11 C.F.R. § 109.37.

    Counsel for PetitionerNoel J. Francisco of Jones Day, former Solicitor General.

    5. The occupational-licensing law case

    Issue: Whether, in an as-applied First Amendment challenge to an occupational-licensing law, the standard for determining whether the law regulates speech or regulates conduct is this Court’s traditional conduct-versus-speech dichotomy.

    Counsel for PetitionerSamuel B. Gedge of the Institute for Justice.

    6. The sidewalk abortion counseling case

    Issue: Whether the court should overrule Hill v. Colorado.

    Counsel for PetitionerPaul D. Clement of Clement & Murphy, also a former Solicitor General.

    7. Another sidewalk abortion counseling case

    Issue: Whether the court should overrule Hill v. Colorado.

    Counsel for PetitionerWalter M. Weber, senior counsel for the American Center for Law and Justice.

    8. The fee to speak to government officials about political issues case

    Issue: Whether — and if so, under what circumstances — the First Amendment permits the government to require ordinary citizens to register and pay a fee to communicate with their government representatives.

    Counsel for PetitionerKyle D. Hawkins of Lehotsky Keller Cohn, who served as a law clerk to Justice Samuel Alito.

    Revenge against political enemies: Executive tactic?

    In his first week in office, President Trump made clear that his promises to exact revenge on his perceived enemies were not empty campaign pledges — and that his retribution is intended not just to impose punishment for the past but also to intimidate anyone who might cross him in the future.

    By removing security protections from former officials facing credible death threats, he signaled that he was willing to impose potentially profound consequences on anyone he sees as having been insufficiently loyal. That included his former secretary of state, Mike Pompeo, and Dr. Anthony S. Fauci, who helped lead the pandemic response.

    Mr. Trump’s decision to try to scale back civil service protections was aimed at culling federal employees he believes slowed or blocked his first-term agenda and replacing them with loyalists.

    [ . . . ]

    [These and other measures taken] together . . . send a clear signal that Mr. Trump feels unconstrained about punishing the disloyal, that he is potentially willing to go further against his enemies than he had pledged on the campaign trail and that there will be a price for any opposition to come.

    Trump video clip


    WATCH VIDEO: Trump speech: ‘Bring back free speech to America’

    Related

    Controlling academic freedom: Another Executive tactic?

    Will Creeley

    FIRE Legal Director Will Creeley

    “There’s kind of a multifront threat right now as to whether or not you can express views that are unpopular with the folks in the White House and executive agencies and continue to enjoy the protections of the First Amendment on academic freedom,” said Will Creeley, legal director of the Foundation for Individual Rights and Expression, which fights both left- and right-wing infringements on free speech.

    [ . . . ]

    Creeley, at the Foundation for Individual Rights and Expression, predicts that many state legislatures, local officials and university trustees are going to enlist, either out of enthusiasm or expediency, in the crusade to bring the academic left to heel. “I think you’ll see professors investigated and terminated. I think you’re going to see students punished, and I think you’re going to see a pre-emptive action on those fronts,” he said.

    Just look at what’s happened at Harvard this week. On Tuesday it announced that, as part of a lawsuit settlement, it would adopt a definition of antisemitism that includes some harsh criticisms of Israel and Zionism, such as holding Israel to a “double standard” and likening its policies to Nazism. Though Harvard claims that it still adheres to the First Amendment, under this definition a student or professor who accuses Israel of genocidal action in Gaza — as the Israeli American Holocaust scholar Omer Bartov has — might be subject to disciplinary action.

    Trump suit against Pulitzer board — Ballard Spahr for the defense

    Charles Tobin lawyer at Ballard Spahr

    Charles Tobin for the defense

    On Monday, the board that awards the Pulitzer Prizes — which Mr. Trump sued in Florida in 2022 for defamation — said that the case should be put on hold because, as Mr. Trump has argued in two other cases, a state court should not be permitted to exert control over a sitting president.

    “Defendants agree,” wrote the law firm representing the board, Ballard Spahr. “To avoid such constitutional conflicts, the court should stay this case until plaintiff’s term in office has concluded.”

    Mr. Trump’s lawsuit accuses the Pulitzer board of defaming him, in essence, by continuing to honor The New York Times and The Washington Post for their coverage of Russian interference in the 2016 presidential election. A state judge in Florida last year cleared the case to proceed toward trial.

    The Pulitzer board’s filing on Monday leaned heavily on statements the president’s legal team had made in other cases. One involved a suit filed in 2017 by Summer Zervos, a former contestant on “The Apprentice” reality show, who accused the president of unwanted sexual advances. Mr. Trump’s team argued that her suit should be thrown out or delayed because dealing with it — including by producing records during discovery or being forced to appear in court — would “disrupt and impair” Mr. Trump’s ability to do his job. (The suit was settled in 2021, after he was out of office.)

    Mr. Trump’s lawyers repeated that argument last week in a different case in Delaware, in which he and his social media company are defendants.

    Excerpt from Trump v. Members of the Pulitzer Prize Board

    [Motion to temporarily stay civil action]

    It is well-established that “a trial court has broad discretion to grant or deny a motion to stay a case pending before it.” Shake Consulting, LLC v. Suncruz Casinos, LLC, 781So. 2d 494, 495 (Fla. 4th DCA 2001) (affirming trial court’s entry of stay). For three reasons, the Court should exercise that discretion and stay this action until Plaintiff’s term in office has concluded.

    First, as Plaintiff himself has argued, and continues to argue, allowing a lawsuit to proceed in state court while a party to that action is the sitting President would invite irresolvable constitutional conflicts arising from the Supremacy Clause.

    Second, the grounds for staying this action are particularly strong because the prize-winning articles concern — and discovery will thus need to probe — Plaintiff’s official actions during his first term.

    Third, entering a stay will not prejudice Plaintiff, whereas denying a stay would pose constitutional issues both by stopping him from seeking to stay future civil litigation that may arise in state court during his presidency and by raising due process concerns for the Defendants.

    Attorneys for the Defendants 

    Nunes loses defamation case

    Nunes and his family’s farm can’t sufficiently show damages, so the court doesn’t have to reach any of the other elements of defamation.

    Related

    Protected expression: Elon Musk’s controversial salute


    WATCH VIDEO: Elon Musk appears to give fascist salute during Trump inauguration celebration.

    New scholarly article: Calo on holding social media accountable

    Professor Ryan Calo University of Washington School of Law

    Prof. Ryan Calo

    Plaintiffs are beginning to test the boundaries of tort law once again to fit social media. Seattle and other public-school districts recently sued TikTok, YouTube, and other platforms on the age-old theory of nuisance, arguing that these companies endanger public health by fostering a toxic online environment. When two boys died in a high-speed accident trying to trigger Snapchat’s “Speed Filter,” the Ninth Circuit allowed a cause of action to proceed against the company for negligent design. Snap could be held responsible for the “predictable consequences” of its irresponsible feature, the court reasoned, even though the “Speed Filter” always accompanied user-generated content. Washington election officials successfully sued Facebook, over its Section 230 objection, for failing to keep records on political ads in the state. The emphasis, again, was on Facebook’s own conduct around the ads, rather than the content of the ads themselves.

    There is an admittedly fine line between attributing third party content to the platform, which federal law forbids, and holding the platform accountable for foreseeable harms to people and communities, which tort law encourages. What did TikTok do wrong in Anderson? They did not film or upload a dangerous challenge video, and they cannot be held liable for hosting, distributing, or even recommending it. But has TikTok invested enough time and resources in protecting children on the platform, especially considering what the company knows about the toxic content that appears there?

    Should families like Nylah’s be able to rely upon TikTok’s own community guidelines, which pledge to “[r]estrict content that is not suitable for youth”? Such questions sound less in derivative liability as non- and misfeasance. Section 230 was meant to be a shield, not a shibboleth. Courts should be trying to thread this needle, rather than pretending Section 230 does not exist. Obviously wrong interpretations of Section 230, like the Third Circuit’s in Anderson v. TikTok, Inc., only set the law back.

    Forthcoming scholarly article on AI and free speech

    This paper challenges the assumption that courts should grant outputs from large generative AI models, such as GPT-4 and Gemini, First Amendment protections. We argue that because these models lack intentionality, their outputs do not constitute speech as understood in the context of established legal precedent, so there can be no speech to protect. Furthermore, if the model outputs are not speech, users cannot claim a First Amendment right to receive the outputs.

    We also argue that extending First Amendment rights to AI models would not serve the fundamental purposes of free speech, such as promoting a marketplace of ideas, facilitating self-governance, or fostering self-expression. In fact, granting First Amendment protections to AI models would be detrimental to society because it would hinder the government’s ability to regulate these powerful technologies effectively, potentially leading to the unchecked spread of misinformation and other harms.

    Freedom Forum’s new ad campaign

    Barbara Yolles, Ludwig CEO of LUDWIG+

    Barbara Yolles Ludwig, CEO of LUDWIG+

    LUDWIG+, a woman-owned brand actualization and business acceleration agency, is pleased to announce that they have been named as the creative agency for Freedom Forum’s new advertising campaign. Freedom Forum is the nation’s foremost nonpartisan advocate for First Amendment freedoms. As part of this collaboration, LUDWIG+ helped conceptualize and launch “Brought to You By the First Amendment,” a multichannel advertising campaign designed to drive awareness for the everyday freedoms made possible by the First Amendment.

    Today, Freedom Forum launched a dynamic and engaging digital experience with The Onion to further magnify the reach of this campaign. Combining The Onion’s satirical voice with Freedom Forum’s mission to foster First Amendment freedoms for all, this collaboration features onsite and social content strategically created and curated by LUDWIG+. The activation includes several articles published by The Onion that highlight First Amendment freedoms, as well as multiple digital infographics, videos and ad banners that showcase how freedom of speech is central to a thriving and diverse society.

    [ . . . ]

    “It’s an incredible honor to partner with Freedom Forum in championing our First Amendment freedoms and bringing the ‘Brought To You By the First Amendment’ campaign to life,” said Barbara Yolles Ludwig, Founder and CEO of LUDWIG+. “The First Amendment shapes our everyday lives — from the clothes we wear, the music we love, the books we cherish and the beliefs we hold. We look forward to bringing awareness to this paramount mission and the continued success of this campaign.”

    New Book: The Chicago canon on free inquiry

    A collection of texts that provide the foundation for the University of Chicago’s longstanding tradition of free expression, principles that are at the center of current debates within higher education and society more broadly.

    Cover of "The Chicago Canon on Free Inquiry and Expression" by Tony Banout

    Free inquiry and expression are hotly contested, both on campus and in social and political life. Since its founding in the late nineteenth century, the University of Chicago has been at the forefront of conversations around free speech and academic freedom in higher education. The University’s approach to free expression grew from a sterling reputation as a research university as well as a commitment to American pragmatism and democratic progress, all of which depended on what its first president referred to as the “complete freedom of speech on all subjects.” In 2015, more than 100 years later, then University provost and president J.D. Isaacs and Robert Zimmer echoed this commitment, releasing a statement by a faculty committee led by law professor Geoffrey R. Stone that has come to be known as the Chicago Principles, now adopted or endorsed by one hundred U.S. colleges and universities. These principles are just a part of the long-standing dialogue at the University of Chicago around freedom of expression — its meaning and limits. The Chicago Canon on Free Inquiry and Expression brings together exemplary documents — some published for the first time here — that explain and situate this ongoing conversation with an introductory essay that brings the tradition to light.

    Throughout waves of historical and societal challenges, this first principle of free expression has required rearticulation and new interpretations. The documents gathered here include, among others, William Rainey Harper’s “Freedom of Speech” (1900), the Kalven Committee’s report on the University’s role in political and social action (1967), and Geoffrey R. Stone’s “Free Speech on Campus: A Challenge of Our Times” (2016). Together, the writings of the canon reveal how the Chicago tradition is neither static nor stagnant, but a vibrant experiment; a lively struggle to understand, practice, and advance free inquiry and expression.

    At a time of nationwide campus speech debates, engaging with these texts and the questions they raise is essential to sustaining an environment of broad intellectual and ideological diversity. This book offers a blueprint for the future of higher education’s vital work and points to the civic value of free expression.

    ‘So to Speak’ Podcast: Interview with the editors of ‘The Chicago Canon’

    The University of Chicago is known for its commitment to free speech and academic freedom. Why are these values important to the university? Where do they originate? And how do they help administrators navigate conflicts and controversies?

    Tony Banout and Tom Ginsburg direct the University of Chicago’s Forum for Free Inquiry and Expression, which received a $100 million gift last year. They are also editors of “The Chicago Canon on Free Inquiry and Expression,” a new book that collects foundational texts that inform the university’s free speech tradition.


    WATCH VIDEO: “So to Speak” podcast on the Chicago Canon.

    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).”)
    • TikTok Inc. and ByteDance Ltd v. Garland (The challenged provisions of the Protecting Americans from Foreign Adversary Controlled Applications Act do not violate petitioners’ First Amendment rights.)

    Review granted

    Pending petitions 

    Petitions denied

    Last scheduled FAN

    FAN 454: “Trump’s stated promise: ‘Stop all government censorship’ and his free speech Executive Order

    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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  • Raw Deals in Higher Education

    Raw Deals in Higher Education

    In a 2022 interview with Gary Stocker of College Vialbility App, we discussed the idea of bad deals in higher education. And as the College Meltdown advances, we expect many more bad deals to occur, both for institutions and consumers.   

    Already, in early 2025, we have seen documentation of the collapse of St. Augustine University, a 146-year old HBCU in North Carolina. We expect many more collapses and closures like this, and difficult mergers, to occur in the coming years. The immense greed we saw in for-profit higher education a decade ago we’ll see in public and non-profit private education.

    HEI will attempt to document these events not merely as news, but as part of a larger pattern of criminality in US higher education, not just at the institutional level, but at the state and federal level, and with predatory banks and other investors who are working on these deals behind the scenes.  We also plan to explain how this predatory behavior damages communities. Communities with people.  

     

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  • Baseless SLAPP suits threaten the speech rights of all Americans

    Baseless SLAPP suits threaten the speech rights of all Americans

    This article originally appeared in The Dispatch on Jan. 28, 2025.


    J. Ann Selzer planned to step back from election polling at the end of 2024. She had spent three decades working with The Des Moines Register and other media outlets, earning a reputation as “the best pollster in politics” for her consistent and reliable work. Selzer’s polls had correctly predicted the winner of every presidential race in Iowa since 2008, and she was hoping to end her election-related work with one last accurate survey of public opinion.

    But things turned out differently.

    Selzer’s final poll of the 2024 Iowa electorate, commissioned by The Des Moines Register, found that Vice President Kamala Harris was leading Donald Trump by 3 points. She was wrong. In fact, Trump won the state by more than 13. To her credit, Selzer was quick to own up to the margin between her poll and the eventual outcome. She explained her methodology and released the data she had collected in the process.

    “Polling is a science of estimation, and science has a way of periodically humbling the scientist,” she said in a November 17 farewell column for The Register. “So, I’m humbled, yet always willing to learn from unexpected findings.”

    Iowa pollster J. Ann Selzer

    President Donald Trump, however, doesn’t seem to think “humbled” is enough. That same day, Trump took to Truth Social to accuse Selzer of intentionally fabricating her poll and committing possible election fraud. A month later, he sued Selzer and The Register for alleged election interference and violations of the Iowa Consumer Fraud Act.

    It’s difficult to imagine a more thorough and obvious violation of basic First Amendment principles than this lawsuit. Polling the electorate is election participation, not interference—and reporting your findings is protected speech whether your findings turn out to be right or wrong. Iowa’s laws on election “interference” are about conduct such as using a counterfeit ballot or changing someone else’s ballot. This does not and cannot include asking voters questions about their votes.

    Any attempt to punish and chill reporting of unfavorable news or opinion is an affront to the First Amendment. Our rights as Americans, and participants in our democracy, depend on it.

    Trump’s claims of consumer fraud have even less merit. Consumer fraud laws target sellers who make false statements or engage in deception to get you to buy something, like a sleazy car salesman rolling back the odometer on an old sedan. This cannot logically—or legally—apply to a newspaper pollster who makes a wrong prediction.

    Consumer fraud statutes have no place in American politics or in regulating the news. But it has become an increasingly popular tactic to use such laws in misguided efforts to police political speech. For example, a progressive nonprofit tried to use a Washington state consumer protection law in an unsuccessful lawsuit against Fox News over its COVID-19 commentary. And attorneys general on the right used the same, “We’re just punishing falsehoods” theory to target progressive outlets. Both Missouri Attorney General Andrew Bailey and Texas Attorney General Ken Paxton opened investigations into the nonprofit Media Matters for America for allegedly manipulating X’s algorithm with “inauthentic behavior.” In the Texas suit, Paxton argues that he can use the state’s Deceptive Trade Practices Act to punish speech even if it is “literally true,” so long as officials think it’s misleading. 

    Efforts to prohibit purportedly false statements in politics are as old as the republic. Indeed, our First Amendment tradition originated from colonial officials’ early attempts to use libel laws against the press.

    America rejected this censorship after officials used the Sedition Act of 1798 to jail newspaper editors for publishing “false” and “malicious” criticisms of President John Adams. After Thomas Jefferson defeated Adams in the election of 1800, he pardoned and remitted the fines of those convicted, writing that he considered the act “to be a nullity, as absolute and as palpable as if Congress had ordered us to fall down and worship a golden image.”

    Trump’s allegations against Selzer are so baseless that you’d be forgiven for wondering why he even bothered. That is, until you realize that these claims are filed not because they have any merit or stand any chance of success, but in order to impose punishing litigation costs on his perceived opponents. The lawsuit is the punishment.

    Lawsuits are costly, time-consuming, and often disastrous to people’s personal lives and reputations. If you have the threat of legal action hanging over you for what you’re about to say, you will think twice before saying it—and that’s the point.

    In fact, Trump has a habit of doing this. He once sued an architecture columnist for calling a proposed Trump building “one of the silliest things anyone could inflict on New York or any other city.” The suit was dismissed. He also sued author Timothy L. O’Brien, business reporter at The New York Times and author of “TrumpNation: The Art of Being The Donald,” for writing that Trump’s net worth was much lower than he had publicly claimed. The suit was also dismissed.

    But winning those lawsuits wasn’t the point, and Trump himself said so. “I spent a couple of bucks on legal fees, and they spent a whole lot more,” he said. “I did it to make his life miserable, which I’m happy about.” Back in 2015, he even threatened to sue John Kasich, then-governor of Ohio and a fellow Republican candidate for president, “just for fun” because of his attack ads.

    This tactic is called a “strategic lawsuit against public participation,” or SLAPP for short, and it’s a tried-and-true way for wealthy and powerful people to punish their perceived enemies for their protected speech. It’s also a serious threat to open discourse and a violation of our First Amendment freedoms.

    FIRE’s defense of pollster J. Ann Selzer against Donald Trump’s lawsuit is First Amendment 101

    News

    A polling miss isn’t ‘consumer fraud’ or ‘election interference’ — it’s just a prediction and is protected by the First Amendment.


    Read More

    Lawsuits are costly, time-consuming, and often disastrous to people’s personal lives and reputations. If you have the threat of legal action hanging over you for what you’re about to say, you will think twice before saying it—and that’s the point. Trump’s dubious legal theory is a blatant abuse of the legal process, one that we cannot let stand. If we sued people every time we thought someone else was wrong about politics, nobody would speak about politics. A lawsuit requires a credible basis to believe your rights have been violated. You have to bring facts to court, not baseless allegations.

    That is why my organization, the Foundation for Individual Rights and Expression (FIRE), is defending Selzer pro bono against Trump’s SLAPP suit. By providing legal support free of charge, we’re helping to remove the financial incentive of SLAPP suits—just as we did when a wealthy Idaho landowner sued over criticism of his planned airstrip, when a Reddit moderator was sued for criticizing a self-proclaimed scientist, and when a Pennsylvania lawmaker sued a graduate student for “racketeering.”

    The protection of unfettered freedom of expression is critical to our political process. Any attempt to punish and chill reporting of unfavorable news or opinion is an affront to the First Amendment. Our rights as Americans, and participants in our democracy, depend on it.

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