The year 2023 was a watershed moment for artificial intelligence. ChatGPT made its way into classrooms, prompting educators to grapple with AI’s potential and pitfalls. Industry leaders like Sundar Pichai declared AI as transformative as fire or electricity, while others voiced caution, warning of ethical dilemmas and societal upheaval.
Two years later, amid the headlines and hype, the deeper question remains: What will AI actually look like in our day-to-day lives in higher ed? Understanding how AI will shape learning, recruitment and operations by 2025 is no longer optional—it’s essential.
Below are five key ways AI is poised to transform higher education in 2025. These predictions aren’t abstract theories; they’re practical insights to guide your strategic planning, help you stay competitive and ensure your institution thrives in an AI-driven era.
AI Agents Will Revolutionize Learning and Administration
AI-powered agents are on the cusp of becoming indispensable tools in higher education. These intelligent systems are already taking on roles as digital mentors, capable of guiding students through complex material with tailored feedback. You may be familiar, for example, with Georgia State University’s AI chat-bot pilot program that answered student questions about financial aid and registration, reducing summer melt by 21 percent. In 2025, such agents will act as personalized tutors, adapting to individual learning styles and offering real-time academic support.
Beyond learning, AI will also streamline administrative operations. Routine tasks like course scheduling, admissions processing and answering common student inquiries will increasingly fall to these systems, freeing human staff to focus on strategic initiatives.
Imagine admissions officers who no longer spend hours manually reviewing applications but instead analyze data-driven insights provided by AI agents to make quicker, more informed decisions.
This year will also bring us a new generation of AI that doesn’t just respond but takes action. For example, with agentic AI, a text might automatically go out to an applicant who needs a nudge to submit remaining documents—without a staff member lifting a finger.
The future of higher education will be defined by AI systems that seamlessly blend proactive support with human expertise, transforming both student success and institutional efficiency.
Generative AI Search Will Reshape Digital Engagement
Generative AI is changing how prospective students discover and interact with institutions online. Platforms like ChatGPT are making it easier for users to ask complex questions and receive synthesized, conversational answers. Instead of clicking through multiple webpages, users increasingly expect clear and direct responses. In 2025, this shift will make traditional SEO strategies less effective, forcing institutions to reimagine their digital presence.
One way they might do that is to incorporate generative AI search into their websites. You’ve likely used generative AI search yourself in Google—it’s the AI overview at the top of the page when you do a search that shows a summary answer of your query drawn from the sites that would traditionally appear in a list of search results.
To prepare for students using AI tools outside of your site (e.g., ChatGPT, Perplexity) to learn about your school or incorporate generative AI search into your own site, there are critical to-dos for your website content teams to make your content as relevant, up-to-date and engaging as possible.
The stakes are high: AI often relies on the most visible or credible content to provide answers. Universities with fragmented or outdated digital strategies risk being left behind, while those with robust, high-quality content will find themselves highlighted in AI-driven searches.
Institutions that prioritize creating unique, authoritative content—such as faculty research profiles or interactive student success stories—will gain an edge in this new search landscape.
Hyperpersonalization Will Redefine Student Engagement
The days of one-size-fits-all communication and student services have ended. In 2025, institutions will rely on AI to create hyperpersonalized experiences that resonate with each student’s unique needs and goals. Drawing inspiration from industries like retail and entertainment, universities will use AI to craft individualized learning paths, anticipate challenges and deliver targeted interventions before students even ask for help.
For example, Purdue University’s Course Signals initiative uses data analytics to identify students who may be at risk of falling behind and sends personalized alerts encouraging them to seek support. This type of proactive engagement not only improves retention rates but also fosters a sense of belonging. As McKinsey aptly describes it, the future of student engagement hinges on embracing the “care of one.”
However, this approach raises ethical concerns. Institutions must carefully manage data privacy and ensure that algorithms do not inadvertently disadvantage certain groups. Transparency about how student data is collected and used will be crucial in maintaining trust.
Faculty and Staff Roles Will Evolve Alongside AI
The integration of AI will not replace faculty and staff but will redefine their roles. In 2025, educators will focus less on rote instruction and more on mentorship, critical thinking and creativity. This shift is already evident in programs like Northeastern University’s Experiential AI initiative, which trains faculty to incorporate AI tools into their teaching to enrich the student experience.
Marketing and admissions teams will also need to adapt. AI insights can reveal patterns in prospective student behavior, allowing teams to craft campaigns that resonate on a deeper level. However, this will require staff to develop new skills in data interpretation and digital strategy.
The transition won’t be without challenges. Institutions must invest in professional development to help their teams thrive in an AI-enhanced environment. Collaborative efforts between IT, academic affairs and marketing will ensure the successful adoption of these technologies.
Ethical Challenges Will Take Center Stage
The adoption of AI presents significant ethical considerations that will shape its implementation in higher education. From ensuring unbiased algorithms to safeguarding student data, institutions will need to tread carefully. Recent incidents, such as the use of biased AI tools in hiring processes, highlight the risks of unchecked AI deployment.
Higher education can lead the way by modeling responsible AI practices. For example, Stanford University has established an Institute for Human-Centered Artificial Intelligence, emphasizing the ethical use of AI technologies across disciplines. By prioritizing fairness, transparency and accountability, institutions can harness AI’s potential without compromising their values.
Preparing for 2025 and Beyond
AI will ultimately elevate higher ed. Institutions that embrace AI’s changes with foresight and care will enhance their competitiveness, improve operational efficiency and create more meaningful experiences for students and staff alike. Success will depend on a willingness to adapt, invest in ethical practices and put students at the center of every decision.
Mallory Willsea is chief strategist and producer at Enrollify.
By Michelle Morgan, Dean of Students at the University of East London.
In the UK, we have a well-established education system across different levels of learning including primary, secondary, further and higher education. For each level, there is a comprehensive structure that is regulated and monitored alongside extensive information. However, at present, they generally function in isolation.
The Government’s recent Curriculum and Assessment Review has asked for suggestions to improve the curriculum and assessment system for the 16-19 year study group. This group includes a range of qualifications including GCSEs, A-levels, BTECs, T Levels and apprenticeships. The main purpose of the Review is to
ensure that the curriculum balances ambition, relevance, flexibility and inclusivity for all children and young people.
However, as part of this review, could it also look at how the different levels of study build on one another? Could the sectors come together and use their extensive knowledge for their level and type of study, to create an integrated road map across secondary, further and higher education where skills, knowledge, competencies and attributes (and how they translate into employability skills) are clearly articulated? We could call this a National Learning Framework. It could align with the learning gain programme led by the Office for Students (OfS).
The benefits of a National Learning Framework
There would be a number of benefits to adopting this approach:
It would provide a clear resource for all stakeholders, including students and staff in educational organisations, policymakers, Government bodies, Regulators and Quality Standard bodies (such as Ofsted, the Office for Students and QAA) and business and industry. It would also help manage the general public perception of higher education.
This approach would join up the regulatory bodies responsible for the different sectors. It would help create a collaborative, consistent learning and teaching approach, by setting and explaining the aims and objectives of the various types of education providers.
It would explain and articulate the differences in learning, teaching and assessment approaches across the array of secondary and further education qualifications that are available and used as progression qualifications into higher education. For example, A-Levels are mainly taught in schools and assessed by end-of-year exams. ‘Other’ qualifications such as BTEC, Access and Other Level 3 qualifications taught in college have more diverse assessments.
It would help universities more effectively bridge the learning and experience transition into higher education across all entry qualifications. We know students from the ‘Other’ qualification groups are often from disadvantaged backgrounds, which can affect retention, progression and success at university as research highlights (see also this NEON report). Students with other qualifications are more likely to withdraw than those with A-Levels. However, as this recent reportPrior learning experience, study expectations of A-Level and BTEC students on entry to universityhighlights, it is not the BTEC qualification per se that is the problem but the transition support into university study that needs improvement.
It would also address assumptions about how learning occurs at each level of study. For example, because young people use media technology to live and socialise, it is assumed the same is the case with learning. Accessing teaching and learning material, especially in schools, remains largely traditional: the main sources of information are course textbooks and handwritten notes, although since the Covid-19 Pandemic, the use of coursework submission and basic virtual learning environments (VLEs) is on the increase.
If we clearly communicate to students the learning that occurs throughout each level of their study, and what skills, knowledge, competencies and attributes they should obtain as a result, this can help with their confidence levels and their employability opportunities as they can better articulate what they have achieved.
What could an integrated learning approach across all levels of study via a NationalLearning Framework look like?
The Employability Skills Pyramid created for levels 4 to 7 in higher education with colleagues in a previous university where I worked could be extended to include Levels 2/3 and apprenticeships to create a National Learning Framework. The language used to construct the knowledge, skills and attribute grids used by course leaders purposely integrated the QAA statements for degrees (see accompanying document Appendix 1) .
By adding Levels 2 and 3, including apprenticeship qualifications and articulating the differences between each qualification, the education sector could understand what is achieved within and between different levels of study and qualifications (see Figure 1).
Key stakeholders could come together from across all levels of study to map out and agree on the language to adopt for consistency across the various levels and qualifications.
Integrated National Learning Framework across Secondary, Further andHigher Education
Alongside the National Learning Framework, a common transition approach drawing on the same definitions across all levels of study would be valuable. Students and staff could gain the understanding required to foster successful transitions between phases. An example is provided below.
Supporting transitions across the National Learning Framework using similar terminology
The Student Experience Transitions (SET) Model was designed to support courses of various lengths and make the different stages of a course clearer. It was originally designed for higher education but the principles are the same across all levels of study (see Figure 2). Students need to progress through each stage which has general rules of engagement. The definitions of each stage and the mapping of each stage by length of course are in the accompanying document in Appendix 2.
Figure 2: The Student Experience Transitions Model. Source: Morgan 2012
The benefits for students are consistency and understanding what is expected for their course. At each key transition stage, students would understand what is expected by reflecting on what they have previously learnt, how the coming year builds on what they already know and what they will achieve at the end.
Taking the opportunity to integrate
The Curriculum Review provides a real opportunity to join up each level of study and provide clarity for all stakeholders. Importantly, a National Learning Framework could provide and help with the Government’s aims of balancing ambition, relevance, flexibility and inclusivity for all learners regardless of level of study.
There is a feeling among some policymakers that the UK research system lacks agility. But the key question is agility for who: for researchers, for research institutions, or for the government which funds the research?
By definition, research explores the unknown. These unknowns range from the unknown solutions to today’s challenges such as affordable healthcare and reversing climate change, to initiating the yet unknown technologies of tomorrow that will feed future economic growth.
Whose agility?
The UK government’s Plan for change: milestones for mission-led government repeatedly mentions the UK’s outstanding research base. It is also clear that government has high expectations of how our research system can demonstrate agility to pivot towards addressing major societal needs. But addressing any of these missions requires time, and hence a disciplined balance of agility and commitment to a long-term research agenda.
At a more operational level, for our national funders such as UKRI, legitimate concerns over the precarity of research careers, and the recognition that hard problems take time to solve, means that a large fraction of their annual budget is committed for three or more years into the future.
The extent of these multi-year commitments seemingly restricts the agility of the research system. However, looking more closely, embedded within these commitments are the commitments made to individual researchers to support them and their teams to pursue thematic programmes while empowering their own agility to rapidly pivot their research in response to new ideas of their own or the discoveries of others. It is precisely these longer-term funding commitments typified by support for research fellowships or the quality-related funding driven by REF that allows the UK’s researchers themselves to be agile.
It is widely accepted the UK’s research system is highly productive in basic curiosity-driven research. This productivity, we would argue, is a direct result of the researcher-led agility that our current funding system allows. However, we also recognise that government can and should identify areas of research in support of our industrial or other national needs – some on shorter time horizons.
The key is the balance between this academically-led and government directed agility – we can and do need to do both. Reaching this balance requires greater transparency from the funding agencies and an intellectually safe discussion between government and the research sector. We urge UKRI and DSIT to articulate this balance, around which we can all then work.
Speed and success
Related to these questions of agility are current problems in the funding system which if left unchecked will undermine our research productivity. The costs of research have far outstripped inflation and available research funding has not kept pace – for example, the fall in the number of doctoral training centres funded by EPSRC from 2014 to 2019 and to 2024.
These financial pressures have driven hyper competition in the sector. Success rates have plummeted, with many researchers’ experience being of ten per cent success rates or less – particularly in the schemes supporting academically-led, curiosity-driven research.
Perhaps even worse are the lengthening times taken to receive a funding decision; a decision on a three-year long application often takes more than one year to receive – hardly a route to agility of any kind.
Irrespective of these budget-constrained success rates, we urge our national funders to reduce significantly the time it takes to reach their decisions on whether to fund or not. Suggestions have been made to move to lottery funding, thereby reducing decision times and eliminating potential biases within an ultra-low success rate environment. But a lottery would not solve the issue of low success rates, and hence fails to provide the continuity of funding for people and the security of careers upon which their agility depends.
Beyond long decision times, low success rates drive many other unwanted behaviours: for example, conservatism in selection, or a tendency for the applicant to oversell.
The danger of system failure
The reality is that the public purse alone is insufficient to fund the research volume the UK requires. Hence a question for the research sector, funders and government alike is how we can maximise the gearing of taxpayers’ investments by securing industrial and philanthropic co-investment to drive economic growth and public benefit.
It should also be recognised that universities in the UK increasingly cross-subsidise the whole research system via non-publicly funded teaching, and that this aspect of the system is already highly geared. Leaving aside several successful schemes which already do this, such as EPSRC prosperity partnerships, we believe that a co-investment culture would also require system agility and prompt decisions.
We all feel that the research system lacks agility, but we each see this problem from our own perspectives. The government bemoans the forward commitment of our funders – but also needs to restrict the number of new initiatives to those that it has the resources to fund, perhaps refocussing an agreed fraction of the challenges each year. Funders think that they are empowering the agility of their researchers – but also need to realise that their lengthy decision times are harming productivity. Individual researchers should welcome the agility with which they are empowered – but must accept also the responsibility to never stop thinking as to how their expertise can be applied to benefit the economy and society.
These are the interconnected problems of agility, of balance between government priorities and curiosity-driven research, of success rates, of decision times. The system we have is in danger of failing us all – we need to talk.
From time to time, we here at FAN post op-eds on various timely issues. One such issue is who decides what is taught in public schools and what are the applicable constitutional restraints placed on attempts to restrict teachers’ educational objectives. A recent court ruling in Concerned Jewish Parents & Teachers of Los Angeles v. Liberated Ethnic Studies Model Curriculum Consortium, et al. (Cen. Dist., Nov. 30, 2024) places this issue in bold relief.
In the piece below,Stephen Rohde, a First Amendment authority, analyzes the case and the First Amendment issues raised in it.
News items and the Supreme Court’s docket follow the op-ed. – rklc
Stephen Rohde
An important recent court ruling rejected attempts by Jewish parents and teachers in the Los Angeles Unified School District to remove an ethnic studies curriculum they labelled “anti-Semitic” and “anti-Zionist.” On Nov. 30, 2024, a federal judge reaffirmed that a system of education “which discovers truth out of a multitude of tongues” must allow teachers and their students “to explore difficult and conflicting ideas.”
In his 49-page ruling, U.S. District Judge Fernando M. Olguin wrote: “[W]e must be careful not to curb intellectual freedom by imposing dogmatic restrictions that chill teachers from adopting the pedagogical methods they believe are most effective.” Moreover, he stressed that “teachers must be sensitive to students’ personal beliefs and take care not to abuse their positions of authority,” but they “must also be given leeway to challenge students to foster critical thinking skills and develop their analytical abilities” (citing C.F. ex rel. Farnan v. Capistrano Unified Sch. Dist. (9th. Cir., 2019)).
An international controversy
The lawsuit (filed by Lori Lowenthal Marcus and Robert Patrick Sticht) came in the midst of a national — and indeed international — debate surrounding who controls the telling of the complicated history of Israel and the Palestinians and how criticism of Israel and its policies is being attacked with epithets such as “anti-Semitism” and “anti-Zionism.” It was an unprecedented attempt to convince a federal court to force the second largest public school system in the United States to adopt a single, one-sided interpretation of the hotly-contested political, religious, legal, military, and cultural histories of Judaism (spanning thousands of years), Zionism (which emerged in the late nineteenth century), and the State of Israel (founded in 1948). And all of this has been marked throughout the years by an endless variety of shifting perspectives by Jews and non-Jews alike.
Lori Lowenthal Marcus (Plaintiff’s counsel)
Not incidentally, the ruling also represents a welcome rebuke to the efforts of Republican state legislators and conservative parent groups to restrict the teaching of comprehensive American and world history in public schools. This campaign includes attempts to ban books that examine racism, sexism, and LGBTQ issues as well as their efforts to eliminate programs that seek to ensure diversity, equity, and inclusion in American education.
The LAUSD lawsuit is part of a well-financed, well-resourced campaign in the United States and around the world to impose an official, dogmatic pro-Israel narrative not only on Israel’s current war in Gaza and the West Bank, but on its entire 76-year history, and to silence any contrary or pro-Palestinian perspectives in the name of fighting “anti-Semitism.”
Ominous nature of lawsuit
The ominous nature of the lawsuit can be seen in the breathtakingly overbroad injunction the plaintiffs had requested. Had it been granted, the injunction, as described in the plaintiffs’ own words, would have enlisted the powerful authority of a federal court to require the indoctrination of an entire school district, and all of its teachers and students, with false, misleading, highly-contested, and controversial claims, by prohibiting the following:
[A]ny language, in any teaching materials, asserting that Zionism is not a Jewish belief; denouncing the Jewish belief in the land of Israel as the land promised by God to the Jewish people, or the Jewish belief in Zionism, or asserting that the State of Israel, as the Nation-State of the Jewish people, is illegitimate, or asserting as a fact that the Jewish State is guilty of committing such horrific crimes against others as ethnic cleansing, land theft, apartheid or genocide, or that the Jewish people are not indigenous to the land of Israel or to the Middle East, or denying the State of Israel the right to self-defense; and/or denying the historical or religious connection between the Jewish people and the land of Israel.
Had this handful of parents and teachers succeeded, more than 24,000 LAUSD teachers would have been forced by court order to teach more than 565,000 students the single dogma that Zionism, a movement that emerged a little over a hundred years ago, is “a Jewish belief,” when in fact there is a wide diversity of views among Jews on the issue of Zionism.
In addition, if the injunction had been granted, all LAUSD teachers would have been banned by law from teaching or debating, for example, the fact that in Feb. 2022 Amnesty International issued a comprehensive 280-page investigative report entitled “Israel’s Apartheid Against Palestinians: Cruel System of Domination and Crime Against Humanity.”As its title indicates, this report “analysed Israel’s intent to create and maintain a system of oppression and domination over Palestinians and examined its key components: territorial fragmentation; segregation and control; dispossession of land and property; and denial of economic and social rights.” The report then concluded that “Israel imposes a system of oppression and domination against Palestinians across all areas under its control: in Israel and the OPT [Occupied Palestinian Territory], and against Palestinian refugees, in order to benefit Jewish Israelis,” which “amounts to apartheid as prohibited in international law.”
And if the plaintiffs had had their way, all LAUSD teachers would have been breaking the law if they taught that on Jan. 26, 2024, the United Nations International Court of Justice issued a detailed ruling, which found it “plausible” that Israel has committed “acts of genocide” that violated the Genocide Convention and ordered Israel to ensure that the IDF not commit any of the acts of genocide prohibited by the convention.
And all those teachers would have been prohibited from teaching that on Nov. 21, 2024, the International Criminal Court issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, former Minister of Defence of Israel, accusing them of being “responsible for the war crimes of starvation as a method of warfare and of intentionally directing an attack against the civilian population; and the crimes against humanity of murder, persecution, and other inhumane acts from at least 8 October 2023 until at least 20 May 2024.”
The plaintiffs and their lawsuit
In May 2022 a group calling itself “Concerned Jewish Parents and Teachers of Los Angeles,” comprised of what the lawsuit called “Jewish, Zionist” teachers in the LAUSD and “Jewish, Zionist” parents of students in the LAUSD, sued the school district, the United Teachers of Los Angeles, its president Cecily Myart-Cruz, the Liberated Ethnic Studies Model Curriculum Consortium, the Consortium’s secretary Theresa Montaño, and Guadalupe Carrasco, its co-founder. The defendants were represented by Mark Kleiman.
As summarized by Judge Olguin, the plaintiffs claimed that the ethnic studies curriculum “denounces capitalism, the nuclear family, and the territorial integrity of the lower 48 states of the United States[,]” and is designed “to expunge the idea of Zionism, and the legitimacy of the existence of the State of Israel, from the public square[.]” They claimed that the challenged curriculum “seeks to make it unsafe and ultimately impossible for any person to express Zionist ideas or Zionist commitment in public in general and within LAUSD public schools in particular.”
In addition to taking issue with the content of the challenged curriculum, the plaintiffs decried the individual defendants’ support for the challenged curriculum. According to the plaintiffs: “Defendants are injecting their views into the LAUSD curriculum” and “disseminating [the challenged curriculum] to teachers throughout Los Angeles” under the authority of the LAUSD, and “at times through stealth[.]” Plaintiffs also alleged that the defendants supported or participated in workshops that “led teachers to bring the [challenged curriculum] to their own classrooms.”
It is noteworthy that the plaintiffs did acknowledge that the LAUSD “has the right to control the content of all Ethnic Studies classes taught in LAUSD schools” and specifically admitted that the LAUSD “has ultimate control over and responsibility for the use and public disclosure of any teaching materials in Los Angeles public schools other than those materials whose use is directed by the California State Board of Education.”
Mark Kleiman (Defense counsel)
The plaintiffs also conceded that the challenged curriculum had not been formally adopted by LAUSD, but nevertheless they claimed that they “are being harmed” and “will be harmed” by it. And they alleged that the challenged curriculum is being taught by at least two LAUSD teachers, one of whom is currently “using the LESMC including the discriminatory, hateful material on Israel at issue in this case.” Additionally, they alleged that defendant Cardona confirmed that “she is teaching from LESMC materials and would continue doing so in her LAUSD classroom.”
As for their legal claims, the plaintiffs alleged that the challenged curriculum is “discriminatory” and violates their rights under the Equal Protection Clauses of the U.S. Constitution and California Constitution, the Free Exercise Clause of the U.S. Constitution, Title VI of the Civil Rights Act, and California Education Code.
The court ruling
At the outset of his decision, Judge Olguin called the lawsuit “confusing” and noted that the complaint is “difficult to understand and contains a morass of largely irrelevant — and sometimes contradictory — allegations, few of which state with any degree of clarity precisely what plaintiffs believe defendants have done or, more importantly, how plaintiffs have been harmed.” He pointed out that the lack of clarity was particularly troubling given that this was the plaintiffs’ fourth attempt to allege a valid complaint.
The lack of standing issue
Addressing threshold procedural issues, Judge Olguin found that the plaintiffs did not have standing to bring the lawsuit in the first place and that their claims were not ripe for adjudication. He observed that the “essence of plaintiffs’ alleged injuries appears to be that they are aware of the challenged curriculum, disagree with it, and fear it will be adopted or used in LAUSD classrooms.” But he found “it is far from clear that learning about Israel and Palestine or encountering teaching materials with which one disagrees constitutes an injury, citing long-standing Supreme Court and appellate precedents.” And he found that neither the parent-plaintiffs nor the teacher-plaintiffs identified “any personal injury suffered by them as a consequence of the alleged constitutional error.” Plaintiffs may not “sue merely because their legal objection is accompanied by a strong moral, ideological, or policy objection to a [purported] government action.” In other words, “the individual plaintiffs’ potential exposure to ideas with which they disagree is insufficient to support standing.”
At its core, plaintiffs’ lawsuit sought to have the court “weigh in on whether instruction that may be critical of Zionism or Israel is antisemitic.” Judge Olguin recognized that courts do on occasion determine whether beliefs are religious in nature and whether they are sincerely held, but here, without a justiciable case or controversy that presented a cognizable, redressable injury, he could not — and would not — entertain “a generalized grievance.”
Throughout his decision, Judge Olguin relied heavily on the Ninth Circuit appellate decision in Monteiro v. Tempe Union School District(1998). In that case, a parent sued a school district, on behalf of her daughter and other Black students, over the high-school curriculum’s inclusion of certain literary works, such as The Adventures of Huckleberry Finn and A Rose for Emily. The plaintiff in that case argued that because these works contain racially derogatory terms, their inclusion in the curriculum violated the Black students’ rights under the Equal Protection Clause. The Ninth Circuit rejected this argument and held that “objections to curriculum assignments cannot form the basis of a viable Equal Protection claim, because curriculum decisions must remain the province of school authorities.” Absent an allegation of an underlying racist policy, “plaintiffs cannot challenge the assignment of material deemed to have educational value by school authorities.”
In Monteiro, no underlying racist policy was found. Similarly, in the LAUSD case, Judge Olguin found that the plaintiffs “do not allege the existence of an underlying racist policy; instead, they challenge unspecified portions of a hypothetical curricular offering.” Although the plaintiffs asserted that they were targeting a curriculum “infected from top to bottom with racism and bias[,]” they did not direct the court to any allegations that supported their assertion. Nor were there any allegations to support an inference of a discriminatory policy. Thus, the lawsuit was a direct attack on curricula, and under Monteiro, “absent evidence of unlawful intentional discrimination, parents are not entitled to bring Equal Protection claims challenging curriculum content.”
Failure to raise a free exercise claim
Judge Olguin also found that the plaintiffs failed to allege a violation of their right to the free exercise of religion. According to the Supreme Court, “a plaintiff may carry the burden of proving a free exercise violation in various ways, including by showing that a government entity has burdened his sincere religious practice pursuant to a policy that is not neutral or generally applicable.” But the courts have also held that “offensive content” that “does not penalize, interfere with, or otherwise burden religious exercise does not violate Free Exercise rights,” even where such content contains material that plaintiffs may find “offensive to their religious beliefs.”
In the LAUSD case, the plaintiffs did not allege that they “have somehow been prevented from practicing their faith, or that the parent-plaintiffs have been barred in any way from instructing their children at home.” In effect, the only hardship plaintiffs alleged was that the existence of the challenged curriculum — and its possible adoption — offended them. “But mere offense is insufficient to allege a burden on religious exercise,” stated Judge Olguin, citing court decisions holding that class materials offensive to Hindu or Muslim plaintiffs did not violate Free Exercise Clause. As Chief Judge Pierce Lively put it in a 1987 case: “[D]istinctions must be drawn between those governmental actions that actually interfere with the exercise of religion, and those that merely require or result in exposure to attitudes and outlooks at odds with perspective prompted by religion.”
It is important to note that Judge Olguin could have simply found that the plaintiffs lacked standing to bring the lawsuit and dismissed it entirely. Instead, he went on to explain that even if the plaintiffs had established standing, they could not overcome the “significant First Amendment” obstacles their complaint presented. Because the non-LAUSD defendants are private parties, their speech and conduct are protected by the First Amendment. The court “cannot enjoin private parties from expressing their views on what an ethnic studies curriculum should or should not contain, let alone from using any ‘elements’ of the challenged curriculum, because doing so would violate the First Amendment.”
Three First Amendment issues
Judge Olguin then explained in detail the various First Amendment violations that the plaintiffs’ requests raised:
First, plaintiffs “take issue with the non-District defendants’ forms of discussion, expression, and petitioning in relation to the challenged curriculum,” such as “various UTLA and Consortium activities, including funding, supporting, promoting, and hosting of workshops and events that discuss Palestine and Israel.” The plaintiffs sought to have the court impose restrictions on the non-District defendants’ protected speech by requesting an injunction “prohibiting all Defendants from using the elements of the LESMC at issue in this case . . . in any training sessions funded by public funds, or for which salary points are awarded by LAUSD.
Judge Olguin made it clear, however, that “the non-District defendants have a right to express their views about the curriculum under the First Amendment and to petition for curricular changes.” And he went even further: “[E]ven if teaching the challenged curriculum were unlawful, and the non-District defendants encouraged the material to be taught, the non-District defendants’ activities would be protected, as plaintiffs have not alleged incitement to imminent lawlessness action.”
Second, the plaintiffs had relied on the seminal 1969 Supreme Court decision in Brandenburg v. Ohio, arguing that the court may “prevent a speaker from counseling the commission of imminent lawless action [by LAUSD] when such counseling is likely to incite or produce such action.” But Judge Olguin found there were “no plausible allegations” in the complaint “to support such an assertion.” And in any event, “the assertion conflicts with plaintiffs’ contention that they, for example, ‘do not claim that UTLA is acting wrongfully by petitioning the government to include the challenged materials in the classroom, or to discuss with others what the curriculum should be or whether the law should be changed to allow Defendants to teach what they want.” Indeed, according to plaintiffs, “[t]here is no claim that it is illegal for UTLA to speak to teachers about Ethnic Studies and there is no request that this Court order UTLA to stop doing so.” Nor is there any claim “that the law is violated by Defendants’ conduct of seminars showing teachers how to teach [the challenged curriculum], and no relief is sought from the Court asking anyone to stop conducting such seminars.”
Third, plaintiffs specifically targeted “classroom expression by public school teachers, on the clock and paid for with public money” and asked the court to enjoin LAUSD teachers from teaching the challenged curriculum.
Judge Olguin held that “this request raises serious concerns about the First Amendment and principles of academic freedom.” Although high school teachers do not have freedom of speech to the full extent of the First Amendment, nonetheless according to Monteiro, there is no doubt that “allowing the judicial system to process complaints that seek to enjoin or attach civil liability to a school district’s assignment of” curricular material could have broader, potentially chilling effects on speech. In other words, “while teachers’ speech rights in the classroom may be reasonably abridged by their employers, such limitations are fundamentally different than speech restrictions imposed by a court at the behest of a group of private citizens.”
He added: “[S]tudents have a right to receive information and ‘lawsuits threatening to attach civil liability on the basis of the assignment of [curricular material] would severely restrict a student’s right to receive material that his school board or other educational authority determines to be of legitimate educational value,’” citing Monteiro.
Judge Olguin recognized that “determining the content of curricula is a complicated, important matter, and it is for this reason that school boards generally retain broad discretion in doing so.” He stressed that “teachers must have some discretion and academic freedom in implementing and teaching the curriculum,” because “teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding.” He also warned that “it would be of great concern for the educational project and for academic freedom if every offended party could sue every time they did not like a curriculum or the way it was taught.”
Teaching provocative and challenging ideas is painful but necessary
Citing a 1949 Supreme Court decision that recognized that “[s]peech is often provocative and challenging,” Judge Olguin recognized that while the plaintiffs clearly considered the challenged curriculum to be “provocative and challenging,” nonetheless, “our legal tradition recognizes the importance of speech and other expressive activity even when — perhaps especially when — it is uncomfortable or inconvenient.”
Consequently, Judge Olguin dismissed all of plaintiffs’ claims with prejudice, preventing them from filing a fifth amended complaint.
No doubt the Jewish parents and teachers who brought this lawsuit were deeply concerned that their children and students would be exposed to sharply different and indeed highly negative perspectives about the State of Israel and the nature and history of Zionism — perspectives that conflict with what may have been taught at home. But when it comes to public education in America, no particular group of parents or teachers can restrict the curriculum designed for all students based on their personal views or because they are offended by some aspect of the curriculum.
“At their best, public schools in the United States serve to produce a literate and informed citizenry imbued not only with knowledge but with a spirit of inquiry,” according to Jonathan Friedman, Director of Free Expression and Education at PEN America. “Diversity of thought has been the core of our pluralistic identity, and free expression — one of the central tenets of American democracy — is an essential value that ensures both the quality of our children’s education and the ability of our schools to prepare them to become engaged citizens in an increasingly complex world.”
Friedman went on to explain that while there is no question that “parents have a central role in guiding, supporting, nurturing, and educating their children,” the so-called “parents’ rights” movement seeks to elevate “individual parents’ beliefs or preferences over the rights of all other parents.” He also noted that in many parts of the country, “individual parents are demanding the removal of books from schools they find unfavorable.” But in the United States, “it has been an abiding principle of our democracy to side with free speech over those who wish to restrict it. The freedom to learn, the freedom to read, and the freedom to think are inextricably bound.”
“Preventing students from learning about the real world won’t protect them from it,” Friedman pointed out. Students “don’t deserve a chilled environment where teachers are unable to speak honestly for fear of upsetting any one parent.”
Thirty-three years ago, the American Association of University Professors reiterated its long-held view that the “freedom of thought and expression” upon which education is based “often inspires vigorous debate on those social, economic, and political issues that arouse the strongest passions. In the process, views will be expressed that may seem to many wrong, distasteful, or offensive. Such is the nature of freedom to sift and winnow ideas.”
The AAUP reminded us that on “a campus that is free and open, no idea can be banned or forbidden. No viewpoint or message may be deemed so hateful or disturbing that it may not be expressed.”
The debate over Israel, Zionism, and the Palestinians, like all debates on serious issues, will not be resolved by convincing courts to mandate the views of one side or to silence the voices of the other side. The debate must be a free and open discussion informed by a rigorous and unflinching examination of history that respects the human rights and dignity of everyone.
Sixth Circuit rules FCC lacked the authority to reinstate Net Neutrality rules
A federal appeals court struck down the Federal Communications Commission’s landmark net neutrality rules on Thursday, ending a nearly two-decade effort to regulate broadband internet providers as utilities.
The U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, said the F.C.C. lacked the authority to reinstate rules that prevented broadband providers from slowing or blocking access to internet content. In its opinion, a three-judge panel pointed to a Supreme Court decision in June, known as Loper Bright, that overturned a 1984 legal precedent that gave deference to government agencies on regulations.
“Applying Loper Bright means we can end the F.C.C.’s vacillations,” the court ruled.
Levine and Schafer on ‘central meaning of the First Amendment’
Last month, Carson Holloway argued in Law & Liberty’s forum on New York Times v. Sullivan that the Supreme Court “owes it to the nation” to reconsider and ultimately overrule this defining First Amendment case. He has madethis argument in Law & Liberty before. He is mistaken.
Sullivan declared that the First Amendment has a “central meaning”: that citizens in a democracy have a right to criticize government officials without fear of ruin. The Court made this principle a reality by establishing the “actual malice” requirement. Before enforcing a damages judgment or sending a citizen to jail, courts going forward were to require clear and convincing proof that the alleged defamer of a public official published the defamatory statement knowing it was false or with a high degree of awareness of its probable falsity.
The rule has proven a potent protection for press freedom. But for Holloway, it is a modern invention that is not “based on the original understanding of the First Amendment.” We agree with Angel Eduardo that this argument is “at best . . . highly contested.” Having spent our careers defending press freedom (in the case of one of us, that includes two trips to the Supreme Court), we write to explain what exactly Holloway got wrong.
Initially, Holloway’s originalism argument is a red herring. The defamation tort is a creature of state law and the First Amendment at the Founding only imposed limits on the federal government. (It is noteworthy, though, that Madison viewed his unsuccessful amendment that would have prohibited state infringements on liberty of the press as more valuable than the First Amendment.) So it should be expected that there is no evidence that the Founding generation understood the First Amendment as a limit on state libel law. (Even so, Jefferson, perhaps anticipating the Sedition Act of 1798, thought the First Amendment ought to impose limits on libel.)
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).”)
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.
One decade ago this week, two gunmen entered the offices of satirical French magazine Charlie Hebdo and opened fire, killing cartoonists, journalists, and security personnel as part of coordinated terror attacks that would ultimately claim 17 lives. The attack on the magazine — which is now commemorating the 10th anniversary with a God cartoon contest — was likely due to its cartoons of the Prophet Muhammad.
In the immediate aftermath, proverbial battle lines were drawn around the contentious magazine and the legal and social rules around what we can, without punishment or retribution, say about religious symbols, holy figures, and their believers.
Some quickly marched under the banner of “Je suis Charlie,” while others staked out more censorial ground, arguing that Charlie Hebdo’s staff shared some of the blame for the tragedy they suffered. Mocking people’s most deeply held beliefs rarely comes without a cost, the argument went, and there is a balancing act between preserving the right to speak and protecting the feelings of religious believers.
This is a deeply dangerous and misguided attitude but, amidst the shifting legal and moral boundaries since 2015, the advocates of limiting our right to religious dissent are gaining ground. As the months and years have passed since the killings, countries around the world have veered perilously closer to torching hard fought victories for the freedom of conscience and the right to criticize, even harshly or crudely, the religious powers who preside over our prayers and, sometimes, our politics.
WATCH VIDEO: Don’t bring a knife to a word fight!
Dozens of countries, from Poland to Italy to Saudi Arabia to Bangladesh, maintain blasphemy laws, and six of them still threaten accused blasphemers with the death penalty. Even if the state is not willing to kill, its subjects may be. In places like Pakistan or Nigeria, an accusation alone can inspire deadly mob violence. Police in Pakistan sometimes even assign themselves the role of executioner without waiting for a judge or jury.
While the situation remains grim in nations that have long enforced these laws, it’s also worsened in countries and institutions that generally promise better protections for free expression.
Some responsibility rests at the feet of the United Nations Human Rights Council, which took a distinctly anti-human rights position in 2023 in response to a series of controversial Quran burnings earlier that year. In a 28-12 vote, the council passed a resolution encouraging nations to “address, prevent and prosecute acts and advocacy of religious hatred” (emphasis added). The 57-nation Organization of Islamic Cooperation followed that with a resolution urging punishment of online speech lambasting religious “institutions, holy books and religious symbols” and “the immediate cessation, and criminalization” of Quran desecrations.
If the higher powers wish to punish their mortal critics and needlers, so be it. The powers-that-be here on earth don’t need to carry out the sentence for them.
Months after these resolutions, blasphemy law supporters notched a surprising victory: Denmark’s parliament, weary of the controversy caused by Quran burnings in the region, passed a law criminalizing the public desecration of “a writing with significant religious significance for a religious community or an object that appears as such.” And just weeks ago, UK Member of Parliament Tahir Ali pressed Prime Minister Keir Starmer to introduce “measures to prohibit the desecration of all religious texts and the prophets of the Abrahamic religions.”
These initiatives are usually cloaked with flowery language about the need to protect feelings, minimize harm, and better society, but make no mistake: These are blasphemy laws that allow governments to set the terms of how politely and civilly their citizens are allowed to express disagreement with beliefs that carry immense philosophical and often direct political power.
Even here in the United States, with our strong protections for the right to believe or not, we are still plagued by these challenges. A handful of states still keep blasphemy laws on the books, even if they go unenforced. Michigan’s criminal code, for example, warns that people who “blaspheme the holy name of God, by cursing or contumeliously reproaching God, shall be guilty of a misdemeanor.” The Satanic Temple regularly faces efforts by local officials to censor their displays. And when they do manage to obtain permission to express themselves alongside other groups’ religious symbols, their displays are vandalized.
We’ve seen these questions bloom on American college campuses, too. Within months after the almost-deadly attack on Salman Rushdie, Minnesota’s Hamline College rid itself of an instructor who respectfully, and with advance warning, displayed a medieval portrait of the Prophet Muhammad in class. Then at nearby Macalester College, administrators covered up an Iranian-American artist’s feminist art exhibition about gender, politics, and religion “to prevent unintentional or non-consensual viewing.”
From Denmark to the United Nations to the UK, we are forgetting the lessons from the Charlie Hebdo attacks — if we ever really learned them at all.
Police killings worsen crisis of mob violence against Pakistan’s blasphemers
Blog
Plenty of free speech news out of Europe, the sedition crackdown in Hong Kong, efforts to control discussion of foreign governments in Canada and the U.S.
It is not the role of the government to set civility rules for the way we express our opinions about the major faiths that, in some parts of the world, are as much political powers as religious ones.
You cannot act against the holy book burner or the impertinent cartoonist without also targeting vocal victims of abuse in the Catholic Church, protesters against forced hijab laws, or critics of the secretive Church of Scientology. But in our eagerness to expediently paper over discomfort, anger, and occasional high-profile controversies provoked by blasphemous expression, we’re sacrificing the rights of dissenters around the world who speak out against very real religious and political oppression.
The feelings of religious believers cannot be used as a shield to protect religious and political authorities from their dissenters. If the higher powers wish to punish their mortal critics and needlers, so be it. The powers-that-be here on earth don’t need to carry out the sentence for them.
As you prepare to take office for a second time, we know you have ambitious plans to address the nation’s challenges and build a more secure and prosperous America. Achieving those goals will require contributions from many areas of society, and we urge you to see the value in partnering with our nation’s colleges and universities.
Campuses across the country are deeply embedded in local communities and work every day to build their communities while meeting national needs. Let me share just three of many examples:
Many, including you, have criticized higher education in recent years. We know that we always have room to innovate and improve. But we also know a basic truth: higher education builds America. This has been understood by American presidents since the nation’s founding. That conviction inspired landmark legislation such as the land-grant acts of the 19th century and the GI Bills of the 20th and 21st centuries—measures that contributed to unprecedented economic and technological growth.
Study after study has documented the benefits colleges and universities provide to the workforce and the economy. For example, Georgetown University’s Center on Education and the Workforce found that less than a decade from now 72 percent of jobs in the American economy will require some level of postsecondary education or workforce training. Simply put, every pathway to expanding our economy and filling employers’ needs runs through colleges and universities.
The American Council on Education (ACE), which I lead, is the major coordinating body for the nation’s colleges and universities. Our members include community colleges, liberal arts colleges, regional universities, and research universities. They are public and private, large and small, urban and rural. Many have religious affiliations.
We have common-sense recommendations to help your administration and the new Congress deliver on the goals of all Americans: a safe and secure country, a prosperous economy with good jobs, and uncontested global leadership in developing new technologies. You can do that by extending Pell Grant eligibility to those who enroll in high-quality, short-term programs. You can do that by helping military service members and veterans further their careers through higher education. And you can do that by advancing research that saves lives and bolsters national security.
Our colleges and universities work on behalf of all Americans, from every walk of life and every political perspective. While you may not always agree with us on every issue, ACE and our members are committed to fighting for the policies, principles, and values that ensure our students, their families, and our nation will flourish. So while we may differ in some areas, we also know there is much common ground.
We are deeply concerned about the impact of proposed immigration changes on students, staff, and families, and appreciate your concern for those known as “Dreamers,” who came to the United States as children. As you stressed in a recent interview, these outstanding young people have made numerous contributions to America, and we must safeguard their futures in the only country they have ever known as home. Likewise, we fully agree that America benefits immensely by continuing to attract the brightest and most talented students from around the world to study, work, and innovate here.
We pledge to be accountable to your administration, Congress, and the public. If you, Secretary of Education-designate Linda McMahon, and others in your administration see areas where we can do better, we are eager to sit down and discuss them. We hope, in turn, to have the opportunity to demonstrate how the know-how and creativity that runs deep through our campuses can help you accomplish your most important objectives.
Our overriding goal is to provide more opportunity for all Americans. Like you, we are ready to get to work to deliver results. Together, we can build a better America.
If you have any questions or comments about this blog post, please contact us.
There is no longer any way to deny that AI Literacy is a must for all people. Regardless of whether you are a student, faculty, young, or old, all of us must continually develop our AI Literacy to effectively function and excel in our AI-infused world. The importance of everyone developing their AI Literacy has been expressed by virtually all nations and international organizations (UN, 2024; UN, 2024b). Additionally, many business organizations have expressed that in order to be competitive in the workforce, AI Literacy is now an imperative employment skill (Marr, 2024).
The following Sovorel video and infographic (in addition to the above infographic) provide key components of AI Literacy and specifics regarding prompt engineering and using an advanced prompt formula:
AI Literacy: Prompt Engineering, Advanced Prompt Formula Infographic (this infographic, the main AI Literacy infographic, and many more are also available within the infographics section: https://sovorelpublishing.com/index.php/infographics)
References
Cisco. (2024, July 31). AI and the workforce: Industry report calls for reskilling and upskilling as 92 percent of technology roles evolve. Cisco. https://investor.cisco.com/news/news-details/2024/AI-and-the-Workforce-Industry-Report-Calls-for-Reskilling-and-Upskilling-as-92-Percent-of-Technology-Roles-Evolve/default.aspx
Marr, B. (2024, October 24). The 5 most in-demand skills in 2025. Forbes. https://www.forbes.com/sites/bernardmarr/2024/10/14/the-5-most-in-demand-skills-in-2025/
UN. (2024). Addendum on AI and Digital Government. United Nations. https://desapublications.un.org/sites/default/files/publications/2024-10/Addendum%20on%20AI%20and%20Digital%20Government%20%20E-Government%20Survey%202024.pdf
UN. (2024b). Governing AI for humanity. United Nations. https://www.un.org/sites/un2.un.org/files/governing_ai_for_humanity_final_report_en.pdf
Morning everyone. Welcome back. Some statistical wonkery today, with respect to the analysis of government expenditures on postsecondary education.
Many of you will recognize Figures 1 and 2 from earlier blogs or the State of Postsecondary Education 2024. They represent the two most-common ways to look at commitments to postsecondary education: the first in per-student terms, and the second in per-GDP terms.
Figure 1: Provincial Expenditures per FTE Student by Sector, 2022-23
Figure 2: Provincial PSE Expenditures, by Sector, as a Percentage of Provincial GDP, 2022-23
These two approaches have their respective strengths and weaknesses, and not surprisingly they generate slightly different conclusions about how strong each jurisdiction’s efforts are writ to postsecondary education, one focused on the “recipients” of funding (students) and the other focused on the source of the funding (the local economy). Neither is definitive, both are useful.
But there is another way to look at this funding, and that is not to look at how much institutions receive as a proportion of local jurisdictional output, but to look at what percentage of government spending is devoted to educational institutions. Examined over time, this figure tells you the changing status of postsecondary education compared to other policy priorities; examined across provinces, it can tell you which provinces put more emphasis on postsecondary education. Of course, no one tracks this in Canada, because it involves a lot of tedious mucking around in government documents, but what is this blog for if not precisely that? I wasn’t doing anything on my holidays anyways.
So I decided to pair my long-term data series on provincial budgets (the most recent one posted back in April), with a new data series on total provincial spending which I derived simply by looking at consolidated expenditures in each province since 2006 and expressed in these same budgets. Usual disclaimers apply: provincial spending definitions aren’t entirely parallel (or at least they use different words to describe what they are doing) particularly with respect to capital, so inter-provincial comparisons are probably a tiny bit apples-to-oranges even if each province’s data is consistent over time. Take the exact numbers with a grain of salt but I think they will mostly stand up to scrutiny.
Figure 3 shows provincial transfers on postsecondary institutions across all ten provinces as a percentage of total provincial spending. And it’s…well, it’s not good. As recently as 2011-12, provinces spent five percent of their budgets on postsecondary education. Now it’s three and a half percent. Or to put it another way, as a proportion of total spending, it’s down by about thirty percent.
Figure 3: Provincial Spending on PSE as a Percentage of Total Provincial Spending, Canada, 2006-07 to 2024-25
Is this due to particular events in particular provinces? Not really. Let’s just take a look at the four big provinces (which make up 85% of the postsecondary system. The provinces all started in different places (Alberta, famously, spent a heck of a lot more than other provinces back in the day) and the slope of decline is gentler in Quebec than elsewhere, but the basic path of decline and the eventual destination is similar everywhere. Notable by its absence in any of the four provinces are any clear break-lines which coincide with a change in administration—these declines are pretty consistent regardless of whether governments are left, right, or centre. It’s not a partisan thing.
Figure 4: Provincial Spending on PSE as a Percentage of Total Provincial Spending, Selected Provinces, 2006-07 to 2024-25
Figure 5 shows each province’s performance both in 2006-07 and 2024-25. As can clearly be seen, every province saw a decline over the 18-year period. This was not especially driven by one or two provinces: all provinces seem to have come to an identical conclusion that postsecondary institutions are not worth investing in. The size of whatever drop was in most cases inversely proportionate to how high spending was back in the initial period. The biggest drops were in Alberta and Newfoundland, which back in the day were the two highest spenders, riding high as they were on oil revenues. The smallest drop was New Brunswick, which was the weakest performer back in 2006-07. Ontario…is Ontario. But basically, the entire country is converging on the idea that investments in postsecondary need to be in the 2.5%-4.5% range rather than in the 4-7.5% range as they did 20 years ago.
Figure 5: Provincial Spending on PSE as a Percentage of Total Provincial Spending, by Province, 2006-07 vs 2024-25
Now, the obvious conclusion you might draw from this is “hey! Huge declines in public support for public postsecondary education!” But this is not quite correct. Remember: these are ratios we are looking at. Some of the delta will be due to changes in the numerator, some will be due to changes in the denominator. Figure 6 shows changes in both postsecondary spending and total provincial spending. And what’s clear is that the changes we have been examining in Figures 3 and 6 have more to do with the expansion of total spending rather than a decline in PSE spending.
Figure 6: Real Change Provincial Spending on PSE Institutions vs Real Change Total Provincial Spending, Canada, 2006-07 to 2024-25 (2006-07 = 100)
That increase in provincial spending in the last decade—30% over and above inflation—is wild. And deeply inconvenient for anyone who wants to build a narrative around generalized “austerity.” But what is clear here is:
transfers to universities and colleges have trailed provincial spending everywhere and without reference to ideology of the governments in question, and
ii) if transfers had not trailed general spending, they would be roughly $9.5 billion better off than they are today.
And by a simply *amazing* coincidence, $9.5 billion–in real dollars—is almost identical to the increase in income postsecondary institutions have seen in revenue from international students over the same period (it’s about a $9.2 increase from 2007-08 to 2022-23, the last year for which we have useful data—the 2024-25 is likely somewhat higher but we don’t know by how much).
There a number of conclusions one could draw from this, but the ones I draw are:
Governments are spending more. A lot more. They just aren’t spending on PSE. Instead, they are spending it on an ageing population and other things that juice consumption. Eating the future, basically.
The drop in government support for PSE relative to overall spending increases is universal. No government provides any evidence of contrarian thinking. None of them think PSE is worth greater investment.
Changes of government are also almost irrelevant. They may change the “vibe” around postsecondary education, but they don’t change financial facts on the ground.
There is a really basic argument about the value of postsecondary education which somehow, postsecondary institutions are losing with governments and, I think by implication, the public. That, and nothing else, needs to be the focus of institutional efforts on external relations.
Provincial governments are eating the future. But the data above, showing that the trend transcends geography and political ideology suggests that at base, the problem is that the Canadian public does not think postsecondary education is worth investing in. Working out how to reverse this view really needs to be job one for the whole sector.
(Or, to be a bit cuter: the sector needs to do a lot less Government Relations and a lot more Community Relations.)
[Editor’s Note: Please let us know of any additions or corrections.]
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Activists, Coalitions, Innovators, and Alternative Voices
What is a climate justice university, and how can our universities transform into institutions that truly promote the well-being of the earth and humanity? Jennie C. Stephens’s new book, Climate Justice and the University: Shaping a Hopeful Future for All (Johns Hopkins University Press, 2024), sets out to answer that question. It outlines where today’s universities fall short in their handling not only of the climate crisis but also a wealth of other modern social issues.
The book lays out broad ideas for transforming how universities function in society, such as shifting research practices to collaborate with people and communities affected by the issues, like the climate crisis, at the center of that research. Stephens, who is a professor at both the National University of Ireland Maynoonth and Northeastern University, acknowledges in the introduction that such a transformation would be a major undertaking, and one that many universities would be disinclined to tackle. “Because of the internal pressure within higher education to maintain institutional norms, this book and its proposal for climate justice universities are, in some ways, radical acts of resistance,” she writes.
In a phone interview, Stephens spoke with Inside Higher Ed about her vision for climate justice universities—and how modern institutions fail to meet it. The conversation has been edited for length and clarity.
Q: It was interesting reading that your perspective on these issues comes both from your scholarly work and from a time that you worked on the administrative side of academia. Could you describe how those experiences came together to inspire this book?
A: I’ve been working in academia my whole career—more than 30 years—and during that time, I’ve been focused on climate and energy issues and sustainability from a very social justice perspective. What has happened through my experiences over time is that I see part of society’s inadequate response to the climate crisis mirrored in academia.
I think higher education has a really big role in society—in what we are doing and what we’re not doing, in how we’re teaching and learning, in what we’re doing research on and what we’re not doing research on—and I think that our collective insufficient response to the climate crisis is related to what’s been happening in our higher education institutions, which are increasingly very financialized. They’re driven by profit-seeking priorities and new tech and start-ups and focused on job training. We’ve drifted away from a public-good mission of higher education: What does society need in this very disruptive time, and how can our higher education institutions better respond to the needs of society, particularly of vulnerable and marginalized communities and people and households who are increasingly struggling with all kinds of precarity and vulnerabilities?
Q: How would you define the term “climate justice university”?
A: The idea of a climate justice university is a university with a mission and a purpose to create more healthy, equitable, sustainable futures for everyone. So, that is a very public-good mission. The idea is to connect the climate crisis with all the other injustices and the … multiple different crises that are happening right now; the climate crisis is just one among many. We also have a cost of living crisis; we have a mental health crisis, we have financial crises; we have a plastic pollution crisis and a biodiversity crisis; we have a crisis in international law and a militarization crisis. We have all of these crises, and yet what we’re doing in our universities tends to continue to be quite siloed and trying to address parts of specific problems, rather than acknowledging that these crises are symptoms of larger systemic challenges.
For me, climate justice is a paradigm shift toward a transformative lens, acknowledging that things are getting worse and worse in so many dimensions, and that if we want a better future for humanity and for societies around the world, we actually need big, transformative change. A lot of things we do in our universities are reinforcing the status quo and not promoting or endorsing transformative change. So, climate justice is a paradigm shift with a transformative lens that focuses less on individual behavior, more on collective action, less on technological change, more on social change, and less on profit-seeking priorities, more on well-being priorities. What do human beings need to live meaningful, healthy lives, and how can society be more oriented toward that?
Q: Can you talk a bit more about how the current structure of the university maintains the status quo with regard to climate?
A: One of the ways that I think universities kind of perpetuate the status quo is by not acknowledging what a disruptive time we’re in with regard to climate crisis, but other crises as well. There’s an encouragement on many campuses for kind of being complacent, like, “Oh, this is the way the world is.” Not necessarily encouraging students and researchers to imagine alternative futures.
There’s also a focus on doing research that billionaires or corporate interests want us to do, and—in particular, in the climate space—what this has led to is a lot of climate and energy research that is funded by big companies and other wealthy donors who actually don’t want change. We have more and more research to show who has been obstructing climate action and transformative change for a more stable climate future. We know many of those same companies and same fossil fuel interests have also been very strategically investing in our universities. What that does is constrain the research and also the public discourse about climate and energy futures toward very fossil fuel–friendly futures.
Early on in my own career, I worked on projects that were funded by the fossil fuel industry on carbon capture and storage, and a lot of the climate and energy research in our universities is focused on carbon capture and storage, carbon dioxide removal technology, geoengineering—all these technical fixes that assume we’re just going to keep using fossil fuels. What we really need, if we had more climate justice universities that were focused on the public good and what the climate science has been telling us for decades, is to phase out fossil fuels. We need a global initiative to phase out fossil fuels. But we don’t have in our universities much research on how to phase out fossil fuels.
Q: In your book, you discuss the concept of exnovation—the process of phasing out inefficient or harmful technologies. Why is research into exnovation not already more common in higher education, and what are the main barriers for researchers who want to take this approach?
A: I do think funding has a lot to do with it. There’s a whole chapter in the book about the financialization of higher education institutions, which has resulted from kind of a decline in public support toward more private sector support, which means that universities are beholden to private sector interests, increasingly, and they’re encouraged and incentivized to cater to and partner with … private sector interests. I think that has really changed the kinds of impact that higher education institutions and research has had.
Of course, there are a lot of people within universities who are interested in the public good and doing research on exnovation. But the incentive structure, even among those of us who would want to contribute in those ways, is such that we are increasingly incentivized and promoted based on how much money we can bring in, how many papers can we get published and the scale of resources available to do research. So, there’s a larger, long-term strategy to orient research toward the technical fixes, particularly when it comes to climate and energy, and a lot less funding available for social change or governance research on how to bring back the public-good priorities in our policies, our funding, in our universities. It’s really a longer-term trend that has led to this financialization.
Q: You lay out a lot of alternative ideas for financing universities, which is important given that anxiety over funding is at an all-time high at some institutions. Walk me through some of your ideas and talk about the feasibility of restructuring how universities are funded.
A: One idea in the chapter on new ways of engaging and being more relevant is what if we imagine higher education institutions more like public libraries? Public libraries, we all kind of recognize as valuable resources for everyone; every community should have some access to a public library. What if higher education could be [better] invested in that sense of being a resource and not being an ivory tower that is really hard to get into and only some privileged people get access to? What if our higher education institutions were designed and funded to provide more accessible and relevant resources, co-created with communities? That’s kind of one of the big ideas of imagining what this really valuable resource could be more relevant and more connected to the needs of society and of communities.
You also asked about feasibility, and one of the things that I want to point out is that this book is not a how-to; every context and region and different place in the world has different things going on with their higher education institutions. The idea with this book is to invite us all to kind of think about, what is the purpose of higher education institutions? And how can we better leverage all the public investment that is already spent on higher education institutions? How can that be oriented toward better futures for everyone?
At higher education institutions that are feeling very vulnerable, having a lot of anxiety about funding levels—the ideas in this book don’t provide a prescription on how to fix that in the near term. But the ideas in the book are really to encourage us all—and especially those involved in higher education policy and higher education funding—to re-evaluate and reclaim the public-good mission of higher education and reconsider how to restructure higher education so that the value and the resources are more accessible, more relevant and more transformative, in terms of fitting the needs of a very disruptive time for humanity and for societies and communities around the country and around the world.