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  • Conservatives Clash Over Ono Hire at UF

    Conservatives Clash Over Ono Hire at UF

    Less than a year after former president Ben Sasse resigned abruptly, the University of Florida has gone in the opposite direction for its next presidential pick, announcing Santa Ono as the sole finalist.

    Ono, who stepped down from the University of Michigan presidency last week after less than three years on the job, brings a wealth of academic and research experience: He also served in the top jobs at the University of Cincinnati and the University of British Columbia.

    Sasse, a Republican U.S. senator from Nebraska when he was hired in late 2022, previously served as president of Midland University, a small institution in his home state. Despite a lack of experience overseeing a massive research enterprise like UF, Sasse fit a profile in demand in Florida, where GOP lawmakers have ascended to presidencies at multiple universities. But his time at UF was short-lived; after less than 18 months on the job, he stepped down amid a spending scandal. At the time, he cited his wife’s deteriorating health as his reason for leaving.

    Ideology has regularly trumped experience in recent Florida presidential hires. Multiple former lawmakers, all Republicans, are at the helm of various state institutions. They include former lieutenant governor Jeanette Nuñez at Florida International University, Adam Hasner at Florida Atlantic University and Richard Corcoran at New College of Florida, among others.

    Considering those recent hiring trends, Ono is an outlier—a traditional higher ed candidate in a state where Republican governor Ron DeSantis and the Florida Board of Governors, most of whom he appoints, have taken active roles in presidential searches.

    And while many faculty members have celebrated the selection of a candidate with strong research and leadership credentials, some conservative figures are pushing back on Ono.

    Now a public battle appears to be brewing over who will lead the University of Florida.

    Opposition Emerges

    When UF announced Ono as the sole finalist for its presidency on Sunday, many observers were shocked that he was leaving his plum job at Michigan so soon. In October, Ono signed an eight-year contract extension with a $1.3 million base salary to keep him at Michigan long term. (Though UF’s compensation package has not yet been released, Ono could earn as much as $3 million a year, according to a salary range set by trustees.)

    But almost seven months later, Ono resigned when his candidacy at UF was announced.

    Given the trend of DeSantis’s involvement in presidential searches across the state, it seems unlikely Ono would have emerged without the governor’s blessing. But other conservative figures have publicly objected to Ono’s candidacy over concerns about diversity, equity and inclusion programs at Michigan, which has been scrutinized for its significant spending on such efforts.

    Chris Rufo, a trustee at New College of Florida who has championed anti-DEI efforts nationwide, strongly opposed the pick and called for UF to reverse course on the hire. Rufo has been a regular critic of DEI at UM.

    “The finalist for the University of Florida presidency is a left-wing administrator who recently declared his support for ‘DEI 2.0’ and claimed that ‘the climate crisis is the existential challenge of our time.’ Florida deserves better than a standard-issue college president,” Rufo wrote on X.

    Congressman Byron Donalds, who represents Florida’s 19th Congressional District and is the expected front-runner to replace DeSantis as governor at the end of his term, has also voiced concerns: “Florida cannot afford to inject wokeness into our flagship university. This selection must be blocked and the search committee must start over,” Donalds wrote in a social media post.

    DeSantis Defends the Pick

    But DeSantis defended the selection in a Wednesday press conference.

    Though he said he was “not involved” with the search and had not talked to Ono, he emphasized that he has faith in UF’s trustees—most of whom he appointed—guiding the pick. He added that the expectations for higher education in Florida were clear, noting the state’s opposition to DEI and what he called a rejection of “woke indoctrination” at state institutions.

    “I don’t think that a candidate would have been selected who is not going to abide by those expectations, and I think that you will likely see that will be very clear in this instance. I will let the process play out, but we have put a real serious stake in the ground on this,” DeSantis said.

    The governor boasted that Florida “led the efforts” to take down diversity initiatives, which he said the Trump administration has since followed on a national level.

    DeSantis also noted that Ono eliminated the University of Michigan’s DEI office in recent months.

    “I don’t think that anyone would want to come to the University of Florida if your goal was to pursue a woke agenda. You’re going to run into a brick wall here in the state of Florida,” DeSantis said.

    If the governor disapproved, he could blow up the search, as he did last month when UF’s College of Liberal Arts and Sciences tried to hire a new dean. In that case, DeSantis ordered the search restarted after his office took issue with DEI statements from candidates. Allowing UF’s hiring effort to proceed seems to suggest at least tacit approval from DeSantis.

    Some members of the Florida Board of Governors have also thrown their support behind Ono, pushing back on criticism. Their support is critical, considering that board has the power to upend presidential searches, which it has done in past searches, such as at FAU in 2023.

    Florida Board of Governors member Alan Levine has taken to social media to urge fellow conservatives, including Rufo, to give Ono a chance and hear him out through the process.

    “Chris, let’s give @SantaJOno a chance to tell his whole story,” Levine wrote in response to Rufo. “He eliminated the DEI office at Michigan. He faced threats and vandalism for standing up to the pro-palestinian/anti-israel/anti-US movement on campus. There seems to be more to Dr. Ono’s actions, and we need to let him tell his story. No candidate is without things they need to explain. I’m open to giving him the chance to do that, particularly given his total body of work.”

    The University of Florida declined to comment on critiques of the candidate.

    Ono Explains

    As Ono exits Michigan, he leaves several controversies in his wake.

    The outgoing president has faced criticism for his handling of pro-Palestinian protests in the aftermath of the Oct. 7, 2023, attacks by Hamas on Israel and the brutal retaliatory offensive by the Israeli military. Several former employees alleged they were fired for engaging in pro-Palestinian protests, prompting a lawsuit against the university, Ono and others, filed earlier this month.

    Michigan has also navigated a series of athletic scandals during Ono’s tenure. Most recently, a former Michigan football coach was accused of hacking the digital accounts of more than 2,000 NCAA athletes and downloading “personal, intimate digital photographs and videos,” according to the U.S. Department of Justice. Matt Weiss, an assistant at UM from 2021 through early 2023, was charged with 14 counts of unauthorized access to computers and 10 counts of aggravated identity theft in March. The incident also prompted multiple lawsuits against the university.

    And Ono shut down Michigan’s DEI office in March, despite objections from constituents.

    But in an op-ed shared exclusively with Inside Higher Ed, Ono made no mention of the lawsuits and avoided most other controversies. Instead, he focused on the potential at the University of Florida, emphasizing his belief “in Florida’s vision for higher education” and UF’s leadership.

    “The passion I’ve seen for this institution—including during my visit to campus earlier this week to meet its students, faculty and administrators—is infectious, and the alignment between the Board of Trustees, the Board of Governors, the governor and the Legislature is rare in higher education. This alignment signals seriousness of purpose, and it tells me that Florida is building something truly exceptional. I’m excited to be part of that,” Ono wrote in the op-ed Thursday.

    Ono echoed themes championed by both DeSantis and Rufo as he argued that universities must reject “ideological capture” and renew “emphasis on merit.” He also sought to distance himself from DEI efforts.

    “Like many, I supported what I believed to be the original intent of DEI—ensuring equal opportunity and fairness for every student. That’s something on which most everyone agrees,” he wrote. “But over time, I saw how DEI became something else—more about ideology, division and bureaucracy, not student success. That’s why, as president of the University of Michigan, I made the decision to eliminate centralized DEI offices and redirect resources toward academic support and merit-based achievement. It wasn’t universally popular, but it was necessary.”

    Ono added that he would bring “that same clarity of purpose to UF.”

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  • After brazen attack on expressive rights, faculty at Sterling College aren’t in Kansas anymore

    After brazen attack on expressive rights, faculty at Sterling College aren’t in Kansas anymore

    Professor Pete Kosek was a leading voice for the faculty at Sterling College — a small, private Christian college in central Kansas — when negotiating changes to the college’s employee handbook. Ken Troyer, another Sterling professor, spoke out as well, including statements to the media about concerns he had with Sterling administrators’ communication with faculty and about a vote of no confidence in the college’s president.

    For these exercises of basic faculty expressive rights, Sterling has now punished them both for exhibiting “behavior that is fundamentally inconsistent” with Sterling’s mission. But it’s these punishments that are “fundamentally inconsistent” with Sterling’s promises that its faculty enjoy “free expression, on and off campus.”

    FIRE wrote to Sterling on April 3, 2025, articulating our concerns. Its administration ignored us, so today we’re writing to the college again as well as its board of trustees, urging them to reverse the punishments of Kosek and Troyer.

    College clashes with faculty over revisions to the employee handbook

    In 2023, Sterling faculty received a new version of Sterling’s employee handbook. Faculty voiced concerns about whether faculty were obligated to sign the handbook’s acknowledgement, which appeared to require that faculty affirm Sterling’s institutional stance on marriage, life, gender identity, and human sexuality. For example, a provision in the handbook stated: “[m]arriage is designed to be the lifelong uniting of one man and one woman in a single, biblical, covenant union as delineated by Scripture.” 

    Concerned that this may adversely impact faculty who were divorced, Kosek led a group of faculty members in negotiating changes to the handbook. Over the course of a year, he went back and forth with Sterling administrators about making sure the handbook could be modified so that it didn’t single out divorced faculty for adverse action. 

    On Aug. 21, 2024, Kosek emailed a large group of faculty members informing them he believed he and anyone else would be fired if they did not sign the handbook acknowledgement. Kosek also told the administration that while he would abide by the terms of the handbook, he disagreed with how the administration went about communicating with faculty and instituting the new handbook. Two days later, the administration clarified that while faculty were expected to abide by the terms of the handbook, they would not be terminated for not signing it. Kosek subsequently clarified this to the rest of the faculty. The situation seemed resolved, right? Wrong.

    Months later, on Feb. 25 of this year, administrators summoned Kosek to a meeting and gave him a disciplinary warning. They told him that it was because he allegedly misrepresented the college when he told other faculty that he believed he and others would be fired over not signing the handbook’s acknowledgement. Sterling provided Kosek no real opportunity to defend himself from the charge.

    Troyer, meanwhile, received a nearly identical disciplinary warning on the same day as Kosek, purportedly because of his comments to the media criticizing Sterling’s poor communication with faculty. (This poor communication was a major reason why a group of faculty supported a no-confidence vote in Sterling’s leadership.) Troyer had also discussed the inclusion of non-Christian students at the college, and how that inclusion related to Sterling’s Christian mission. 

    Similar to Kosek, Troyer had no real opportunity to defend himself. He was just expected to take the disciplinary warning and keep his mouth shut. 

    If Sterling’s mission required absolute and unquestioning obedience to the administration, this might be understandable. But these punishments cannot be squared with the policies actually laid out in Sterling’s faculty handbook. That handbook does not demand unthinking fealty, but imposes on “students, faculty members, administrators and trustees” the obligation “to foster and defend intellectual honesty, freedom of inquiry and instruction, and free expression on and off campus.” As if anticipating the exact scenario facing both Kosek and Troyer, Sterling adds in the handbook, “administrators should respect the right of faculty members to criticize and seek revision of institutional regulations.” 

    FIRE’s first letter explained why the college could not square its punishment of Kosek with Sterling’s written commitments. Under First Amendment jurisprudence and at most private colleges (like Sterling) faculty members retain the right to comment on matters of public concern — and one of those concerns is how the college is being run. Indeed, faculty members are often among the most important voices regarding how colleges and universities operate since they witness firsthand the impacts of institutional policies. 

    Sterling blew FIRE off. So now we’re taking this up the chain and writing to the Board of Trustees as well as the college. When a private institution like Sterling makes promises in its handbooks to faculty, it must keep those promises. To violate them with impunity is to undermine trust and credibility. 

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  • Graduation Season: Financial Advice Every Parent Should Pass Down

    Graduation Season: Financial Advice Every Parent Should Pass Down

    As May ushers in graduation ceremonies across the country, proud families gather to celebrate a new chapter for their children. Whether it’s high school or college, graduation marks a pivotal life transition—one filled with promise, independence, and financial responsibility.

    At Peachtree Financial, I often speak with parents who wonder how to best support their children as they begin this next phase. They want to offer guidance—not just about careers and character, but also about money. The challenge is doing so in a way that empowers their children rather than enabling them.

    This article is for parents and grandparents who are ready to pass down not just wealth—but wisdom.

    1. Teach the Value of Money Early and Often

    One of the most powerful lessons a parent can instill is the relationship between work, earnings, and spending. While many young adults understand how to swipe a card or use an app, far fewer grasp how money flows, how it grows, or how quickly it can disappear without a plan.

    Consider sitting down with your graduate to review:

    • How to build and stick to a monthly budget
    • How compound interest works (both in savings and in debt)
    • The importance of living below their means early on

    Don’t be afraid to be transparent about your own experiences—sharing both successes and mistakes. Personal stories are often more impactful than abstract advice.

    2. Encourage the “Pay Yourself First” Mentality

    A foundational concept in long-term financial planning is saving before spending. Too many young professionals fall into the trap of lifestyle inflation—where expenses rise with income, leaving little room for building wealth.

    Whether your child is earning an entry-level salary or launching a business, help them understand the value of:

    • Saving a consistent percentage of each paycheck
    • Automating contributions to a Roth IRA or employer-sponsored retirement plan
    • Maintaining an emergency fund with 3–6 months of living expenses

    Consistently saving and investing early—even modest amounts—can potentially accumulate significant value over time, depending on market conditions and investment choices.

    3. Credit is a Tool, Not a Trap

    Graduates will soon be offered credit cards, student loan consolidations, and other financial products. Without guidance, they may quickly find themselves in debt or struggling with poor credit.

    Sit down with them to cover:

    • How credit scores are calculated
    • The importance of paying off balances in full and on time
    • The long-term consequences of carrying high-interest debt

    You may also consider co-signing a credit card with a low limit to help them begin building credit responsibly.

    4. Make Giving and Gratitude Part of the Financial Equation

    True financial wellness isn’t just about accumulating wealth—it’s about using it meaningfully. Encourage your graduate to build charitable giving or community involvement into their financial life, even if modest at first.

    This could include:

    • Donating a small percentage of earnings to causes they care about
    • Volunteering time or skills
    • Supporting friends or family with intention and boundaries

    This cultivates a mindset of generosity and financial purpose.

    5. Start the Wealth Transfer Conversation Early

    Many families avoid discussing inheritance or legacy planning until it’s too late. But open communication is key—especially if you anticipate transferring wealth to your children in the future.

    Now is a good time to:

    • Share your financial values and goals
    • Explain any plans for trusts, real estate, or family business succession
    • Frame wealth as a responsibility as well as a resource

    If you’re unsure how to begin, a trusted advisor can help guide these conversations.

    6. Encourage a Long-Term Relationship with a Financial Advisor

    Graduation is a perfect opportunity to introduce the value of professional financial guidance. Partnering with an advisor early can help your child:

    • Set short- and long-term financial goals
    • Understand investment fundamentals
    • Build accountability outside of parental oversight

    At Peachtree Financial, we often work with multi-generational families to help ensure that financial literacy and legacy planning are passed down with clarity and care.

    As a father and advisor, I know that helping our children thrive financially is one of the most meaningful investments we can make. Graduation is more than a celebration—it’s an open door to independence and responsibility.

    This season, take a moment to share the gift of financial wisdom. It’s one that can last far longer than any diploma.

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  • Colorado reversal on misgendering ban is a crisis averted but a danger revealed

    Colorado reversal on misgendering ban is a crisis averted but a danger revealed

    Colorado just dodged a constitutional bullet. Not a legislative win so much as a near-miss.

    The Kelly Loving Act, named after a trans person killed in the Club Q mass shooting in Colorado Springs in 2022, started out as a sweeping and constitutionally suspect bill aimed at protecting transgender individuals from discrimination, but trampling the First Amendment in the process.

    The bill would have classified misgendering and deadnaming in certain contexts as unlawful under the Colorado Anti-Discrimination Act. Its most controversial provision said that if a parent doesn’t use their child’s preferred pronouns, that must be considered “coercive control” in any custody dispute. This would have negatively impacted a parent’s case for custody of their child, regardless of any other context.

    The original bill would have also required parents, journalists, business owners, and educators to use people’s chosen names and pronouns in every piece of public-facing content, from news articles to school newsletters.

    But the Constitution protects the right to call others by any name or pronoun under the sun, even if it causes hurt or offense. Forcing people to use particular language, even with the intention of inclusivity, is compelled speech, and the First Amendment generally forbids it.

    The test of a free society is not how well it protects popular speech, but how well it protects speech that others find uncomfortable or even offensive.

    This important principle also protects the rights of people in states whose government officials would seek to require that people be deadnamed and misgendered, or prohibit other expression in support of trans or queer causes. The First Amendment blocks that kind of speech restriction as well.

    Of course, any speech, including declining to use a child’s preferred pronouns, can be part of a broader pattern of abuse that would be appropriate to consider in decisions about the custody of children. The problem was that the bill automatically counted this speech as a legal mark against parents, regardless of any further context. This served to effectively force all parents to adopt the state’s preferred speech, lest they one day face a custody battle and risk losing their children because of it.

    Another concern was that the Kelly Loving Act included “pre-publication requests” for publishers to use preferred names and pronouns, signaling that the law may be used against journalists simply for quoting a legal name in a criminal proceeding or publishing information already in the public domain that contradicts someone’s preferences or identity. This raised serious concerns that the law could chill legitimate journalistic expression and infringe on press freedoms protected by the First Amendment.

    Thankfully, its sponsors stripped all three provisions — misgendering, deadnaming, custody — out before the state senate approved the bill this week.

    Colorado’s lawmakers did the right thing by cutting these provisions. But we should still reflect on what happened because while the final bill is harmless, the impulse behind it is not.

    There are those in America who believe the state should address speech they oppose by compelling citizens to use approved words, or forbidding them from using disapproved words. This goes beyond political correctness to coercive control, to use a familiar term.

    The right is no stranger to this kind of behavior either. Florida’s Stop WOKE Act, which aims to control what can or cannot be said about race and gender in classrooms and workplaces under the guise of anti-discrimination law, is no better. After FIRE filed a lawsuit challenging the law, a federal court halted enforcement of key parts of it.

    If you think it’s dangerous for Florida’s legislators to have the power to police speech in public school classrooms, then you should find it equally outrageous for Colorado legislators to try to mandate what pronouns parents can use with their own children in their own homes or journalists can use when reporting stories.

    When a state starts dictating which words are acceptable in public discourse and private discussion, it jumps headlong into the culture wars, telling everyone to fall in line or face the consequences.

    Sadly, this is nothing new. Milton, Locke, and Voltaire all warned against the dangers of governments trying to manage thought. In Areopagitica, Milton argued for the liberty to know and argue freely “above all liberties.” In our wisdom, we Americans took note and enshrined this liberty in our First Amendment, understanding it is the one that protects the rest.

    In A Letter Concerning Toleration, Locke eloquently wrote “the care of souls is not committed to the civil magistrate, any more than to other men.” In other words, the state has no business telling you what to think or say any more than your fellow citizens.

    That is not how a free society operates, and that is why in West Virginia v. Barnette, the Supreme Court famously struck down a rule requiring students to salute the flag. In the words of Justice Robert H. Jackson, “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.”

    Thankfully, we live in a country where the government doesn’t get to tell you what you have to say or what you must believe. The test of a free society is not how well it protects popular speech, but how well it protects speech that others find uncomfortable or even offensive.

    The revisions to this bill should be counted as a victory for the good people of Colorado. But we should also be concerned this was such a close shave in the first place because it indicates a dangerous impulse lurking in our culture. If people want to lead on inclusion, they must do so by persuasion, not coercion.

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  • student-mental-wellbeing-college-life-crisisThe Cengage Blog

    student-mental-wellbeing-college-life-crisisThe Cengage Blog

    Reading Time: 3 minutes

    May is Mental Health Awareness Month, a time to elevate conversations around mental wellbeing and reduce the stigma that surrounds it. In recognition, we’re sharing stories directly from students who are navigating the pressures and facing the challenges of higher ed life today.

    One of those students is Ruby Adamowicz, a sophomore at Isenberg School of Management, University of Massachusetts, Amherst. Here’s Ruby’s perspective, in her own words.

    The right direction

    I’m nearing the end of my sophomore year of college, and I can still confidently say that I have absolutely no idea where I’ll end up after graduation. I see my peers landing internship offers and studying abroad — even my own roommate has a full-time job offer set for her once she graduates.

    Now, I’m not saying that I’m coasting through college. Trust me, I have put in the work. But I’ve also realized that success does not look the same for everyone. We’re all moving through life at our own pace. I always remind myself that some people find themselves as undergrads, some as post-grads and many are simply still trying to figure out who they are, which is normal and okay.

    This brings me to the question that’s almost always in every student’s head: “Am I headed in the right direction?”

    Second-guessing first-year decisions

    For me, I have always struggled with finding my passion and figuring out what jobs align with my major. It’s like a mental battle. I’m constantly asking myself: “Am I doing this because I genuinely love it, or is it just what makes the most sense?”

    I consider myself extremely fortunate that I was a freshman while both of my sisters were seniors at the same school. In all honesty, they were the ones who encouraged me to major in marketing. In my high school mind, following in their footsteps was what made the most sense. I figured I would know what classes to take, how to find an internship and have some overall guidance during my first year. And it seemed like the smart choice. Business is so broad and allows you to be creative. But, two years in, I still second-guess whether this is my “passion.”

    Figuring things out – one day at a time

    There are days when I feel inspired and even motivated to work on social media projects and brainstorm my entrepreneurial ideas. Other days, I feel like I’m going through the motions — just checking off my tasks for the day. Sometimes, I’m inspired to plan out my goals, update my resume and have a strong sense of where I want to be post-grad. There are also times when I feel like I’m stuck, almost like a fish out of water. And that’s okay. I’ve learned that “figuring it out” doesn’t mean that your life will fall into place that same day. It means taking small steps, such as talking to your professors, stepping out of your comfort zone, joining clubs, being social and challenging yourself.

    Follow your own path

    What I’ve come to learn during my time at college is that nobody has it all figured out — even your classmate who has 500+ connections on LinkedIn and is posting about their summer internship.

    We’re all experiencing college for the first time and trying to figure out what to do to be happy. There are ups and downs, but you can take it one day at a time. If you’re reading this and are feeling lost, confused, behind or even stuck, I’m here to remind you that it is so normal. It’s a feeling that comes from comparing yourself to people who are on a different path than you. As the saying goes, “Comparison is the thief of joy.”

    What now

    Honestly, this is a great question that I try to answer each day.

    Life is not one straight line. It’s everyone’s first time living, trying to navigate what the world has to offer. But the more you show up and put yourself out there, you’ll find what life has for you. College is not a race to be employed. It’s a chance to figure out what makes you feel happy.

    Apply for the internship you feel underqualified for, make friends with new people and take advantage of all the opportunities possible.

    So, I will leave you with this. If you’re feeling lost and keep asking yourself, “Am I doing enough?” — you are not alone.

    Take it one day at a time.

    Written by Ruby Adamowicz, sophomore marketing major at the University of Massachusetts, Amherst and Cengage Student Ambassador

    Do you see some students struggling with their mental health? Let them know they’re not alone. Share this article and explore additional articles about student mental wellbeing.

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  • Final Message | The Universities at Shady Grove (USG)

    Final Message | The Universities at Shady Grove (USG)

    Hello everyone,

    Today is the last post of the semester, and my last post. I will graduate with my Bachelor’s degree at the end of this semester. So, I thought I would reflect and share everything I learned and am still learning.

    I chose to write all my blog posts with the theme of stress because it is at the root of struggles regarding mental health, impacting well-being, and connects us all. Stress is a reaction that leads us to feel stressed, which can consume and mess with our well-being and mental health. I also chose to add plenty of images or videos because, as a visual learner, seeing something that captures the essence of ideas helps convey the message and grabs attention to help with understanding. I thought I would insert as many eye-catching images capturing the feel of the concept, connecting the audience with the message as it does with me. Before coming to USG, through the psychology program at UMBC, I also studied art at MC, and putting images in blogs helped me connect meaning with visual aids in writing.

    Here are my favorite posts and visuals, a reflection on them, lessons, experiences, and tips:

    In Handling Stress for Health and Wellness, I mentioned that stress can affect health and well-being, detailing the manifestations of stress, some I became familiar with.

    Source: Health and Fitness, Medium https://images.app.goo.gl/DeJDXpaZKLCJPbLR8

    Getting on track, one step and breath at a time, mentioned clear headspace, productivity, focus, motivation, and how to avoid stress getting in the way of that. I learned about productivity and the power of visualization in something like decluttering, how a clear and organized space helps mental ease in tracking stress and productivity for success.

    Source: https://images.app.goo.gl/KF17kySWP5n4cTej9
    Source:https://images.app.goo.gl/5tpSKWE6PVAwir7r8

    Presenting Yourself, showcasing how stress is so powerful in interfering with speech, expressing feelings of doubt, incertainty, and nerves I experienced.

    Source: Google Images, Calm Clinic, https://images.app.goo.gl/k79MfM5vBGbPvGBc8

    Refocusing; with Colors of Spring power of visualization, seeing the colors and catching attention, distracting from working, and continuing motivation, trying to mess with staying on track, influencing stress, related to my last post Reigiting, Recharging and Reseting, about Burnout, the way to combat the distractions, lack of or change in motivations whether it is exhaustion or relaxation, the key is balance to stay happy and healthy flow of work and productivity.

    Source:https://images.app.goo.gl/7rQxnmA5WrXXwWo66

    I underestimated breathing, slowing down, resting, simplifying, moving, stretching, and knowing I am not alone. I will add being gentle with yourself, going back to the basics, letting go, embracing change, adapting to challenges, turning it into a positive, and working on mindset, as things I learned, and additional tips.

    Source: https://images.app.goo.gl/EsbkQZXb4SCmhQ2G7

    Here is my final message: Stress is a part of life; accept and overcome it.

    Source: Happiness.com, https://images.app.goo.gl/C812SQL8QJ3ooih49

    I met many people who influenced my journey and introduced me to resources that helped me with my growth, progress, and success. Thank you for reading my posts, and I wish everyone good luck with finals and the future.

    Unknown's avatar

    About Daniela Garcia-Rojas

    A First generation- American and Colombian-American aspiring psychologist focusing on wellness through education, writing about mental health, stress, and mindset. A senior in the Psychology program at UMBC at USG and MC graduate with an Associate of Arts . I also live with physical and learning disabilities, which have shaped my unique journey. I enjoy art, writing, reading, and arts and crafts; I used to swim, horseback ride, and practice archery.

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  • Zick on executive orders and official orthodoxies — First Amendment News 469

    Zick on executive orders and official orthodoxies — First Amendment News 469

    “It was nearly impossible to get anyone on camera for this story [on Trump’s attacks on lawyers and law firms], because of the fear now running through our system of justice.” — Scott Pelle, “60 Minutes” (May 4)

    That observation prompted my colleague, Angel Eduardo, to caution that we are now in “uncharted and horrifying territory” — a territory governed by coerced compliance. Against that backdrop comes the latest installment of Executive Watch, authored by Professor Timothy Zick

    Previous installments are listed below:

    Last week, our colleagues over at First Amendment Watch posted Zick’s “Executive Power and the First Amendment,” an invaluable, comprehensive, and detailed account of the Trump administration’s actions affecting free expression. 

    In the weeks and months ahead, more FAN posts will appear discussing yet other First Amendment issues related to the Trump administration, its executive orders, and related matters. If this seems excessive, it is because (as Zick and I discuss in a forthcoming scholarly article) the suppressive actions taken by this administration are unprecedented in both their breadth and depth. 

    To recast an old catchphrase, the free speech takeaway is:

    Vigilance in the service of freedom is no vice, and
    apathy in response to despotism is no virtue.

    Related

    Professor Zick’s post is set out below followed by a few news items, including two new federal district court rulings involving First Amendment challenges to anti-DEI executive orders and a NYU Law School item about punishing protestors. — rklc


    During his first term as president, Donald Trump signaled that he was not committed to pluralism and expressive liberty when it came to matters like patriotism, public protest, and other forms of dissent. During his second term, Trump has issued multiple executive orders that attempt to impose official orthodoxies or understandings regarding race, gender, patriotism, and other subjects. 

    As we have seen, these edicts are not merely symbolic. The executive orders call for agency actions and criminal investigations, and place hundreds of millions of dollars in federal funding at risk. The orders have affected what universities teach, which immigrants can migrate to or remain in the United States, which books students and soldiers can read, which version of American history is considered acceptable, which clients law firms can represent, who can serve in the U.S. military, and what kind of scientific research will be allowed. 

    Ideological purging and authoritarian orthodoxy

    My previous post explained how Trump has used executive orders to instigate a whole-of-government assault on free speech, and how that campaign has affected nearly every corner of American life. This post focuses on how Trump has used executive orders to try to purge concepts and ideas from public and private realms and to dictate what is orthodox when it comes to matters Americans sharply disagree on. 

    Many of Trump’s orders are not only viewpoint discriminatory; their expressly stated purpose is to eradicate certain ideas or ideologies and replace them with officially approved alternatives. Although they seek to impose official ideologies by striking disfavored ideas or concepts, many of the Orders utterly fail to define key concepts, including “diversity, equity, and inclusion (DEI),” “discriminatory equity ideology,” “radical gender ideology,” and “hateful ideology.” 

    As I explained in my previous installment, such glaring vagueness has a real chilling effect. Faced with losses of many billions in funding or revenue, or with ruinously expensive investigations or prosecutions, many have decided to capitulate or over-comply, scrubbing any potentially offending terms and concepts from trainings, lectures, websites, and other fora. 

    In 1943, the Supreme Court decided West Virginia State Board of Education v. Barnette, which invalidated a state law mandating that students salute the flag and recite the Pledge of Allegiance at the beginning of each school day. In an iconic and justly famous opinion, Justice Robert H. Jackson wrote: 

    If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.

    Trump’s use of executive orders to impose or coerce adoption of official orthodoxies or views is contrary to a foundational First Amendment principle: The government cannot dictate to Americans what ideas they can support or promote or what they believe.

    President Trump’s orthodoxies

    Presidents have historically used executive orders to change policies and priorities regarding a wide range of matters, from the scope of anti-discrimination laws, to matters relating to service in the military, to the protection of religious or other liberties. For example, a president might instruct executive agencies to adopt specific legal or policy positions on enforcement of anti-discrimination laws or the protection of Second Amendment rights. And, of course, presidents can engage in their own speech about these and other matters, including through executive orders. 

    Trump has utilized executive orders for some of these purposes, though in novel ways (and for far more trivial ones, such as dictating what kind of straw can be used in federal buildings). But many of his orders do not merely change enforcement policies or call for agencies to regulate the actions of those who are subject to agency jurisdiction. The First Amendment “tell” in the orders is that they direct agencies to root out and censor the “promotion” of disfavored ideas or concepts.

    Many of the president’s executive orders reflect his own personal frustrations and grievances, including the promotion of ideas he believes should never have been expressed, and that the federal government should now use its vast powers to suppress. Thus, a central purpose of the orders is to purge disfavored ideas and concepts from schools, companies, libraries, museums, foundations, and scientific research. 

    The following examples illustrate these points: 

    Race

    • An executive order describes DEI programs as “radical” and “wasteful.” It instructs agencies to coordinate the termination of “all discriminatory programs, including illegal DEI and diversity, equity, inclusion, and accessibility (DEIA) mandates, policies, programs, preferences, and activities in the federal government, under whatever name they appear.” Further, Trump ordered all federal agencies and commissions to provide the director of the Office of Management and Budget with lists of “[f]ederal contractors who have provided DEI training or DEI training materials to agency or department employees” and “[f]ederal grantees who received Federal funding to provide or advance DEI, DEIA, or ‘environmental justice’ programs, services, or activities since Jan. 20, 2021.”
    • Here as elsewhere, and absent any definitional guidelines, a second order also targets DEI. It requires an office within the Department of Labor to “immediately cease . . . [p]romoting diversity.” What’s more, the president orders federal agencies to “[e]xcise references to DEI and DEIA principles, under whatever name they may appear, from Federal acquisition, contracting, grants, and financial assistance procedures.”
    • “Radical DEI,” an executive order proclaims, must be replaced by “individual dignity, hard work, and excellence,” which are identified as “fundamental to American greatness.”
    • Promoting, advocating, or even mentioning “DEI” is also forbidden in the private sector. The president orders agencies to root out DEI and in its place “advance in the private sector the policy of individual initiative, excellence, and hard work.” To that end, the president orders agencies to identify the “most egregious and discriminatory DEI practitioners” within their jurisdictions and to propose investigations of private sector companies to investigate their use of “DEI.”

    Gender and gender identity

    • In an executive order, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” Trump chastised “ideologues who deny the biological reality of sex.”
    • “Basing Federal policy on truth,” the order proclaims, “is critical to scientific inquiry, public safety, morale, and trust in government itself.” The order criticizes understandings of sex or gender that go beyond biology for “[i]nvalidating the true and biological category of ‘woman.’”
    • The president rejected “the false claim that males can identify as and thus become women and vice versa” and proclaimed the administration’s intent not to “regard this false claim as true.”
    • Trump decreed that “every agency and all Federal employees acting in an official capacity on behalf of their agency shall use the term ‘sex’ and not ‘gender’ in all applicable Federal policies and documents.”
    • The order required agency heads to “implement changes to require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex,” as defined in the order. Further, it requires that “[a]gencies shall remove all statements, policies, regulations, forms, communications, or other internal and external messages that promote or otherwise inculcate gender ideology.”
    • In a guidance document sent to all agencies, the acting director of the Office of Personnel Management instructed agency heads to review any programs that “promote or inculcate gender ideology,” place on immediate leave any employees whose job descriptions involve “inculcating or promoting gender ideology,” remove “all outward facing media . . . that inculcate or promote gender ideology,” disable any email features that “prompt users for their pronouns,” cancel trainings and end “resource groups” that “inculcate or promote gender ideology,” and ensure that any agency forms use “sex” instead of “gender” and list only “male” or “female” as options.
    • In another order relating to gender, the president characterizes service in the Armed Forces by transgender individuals as a form of “radical gender ideology” that harms the military. The order declares that “adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyleeven in one’s personal life.” Further, it declares that “a man’s assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service member.” The Order directs the Secretary of Defense to end all pronoun use in the U.S. Armed Forces and take steps to ban transgender individuals from entering or remaining in service.
    • Official views about gender and gender identity are reflected in other executive orders. For example, an order concerning federal funding for K-12 schools tasks multiple agencies with recommending ways to “rescind Federal funds, to the maximum extent consistent with applicable law” that “directly or indirectly support or subsidize the instruction, advancement, or promotion of gender ideology or discriminatory equity ideology.” Regarding federal funding, the order states “Federal funds shall not be used to promote gender ideology. Each agency shall assess grant conditions and grantee preferences and ensure grant funds do not promote gender ideology.” 

    Patriotism

    • The executive order “Ending Radical Indoctrination in K-12 Schooling” conditions federal funding on the adoption by K-12 schools of “patriotic” curricula and threatens to withhold funding from any schools that teach that the United States is “fundamentally racist, sexist or otherwise discriminatory.
    • The order defines “patriotic education” to mean “a presentation of the history of America” that is “inspiring” and “ennobling,” that emphasizes “how the United States has admirably grown closer to its noble principles, and that embraces “the concept that celebration of America’s greatness and history is proper.”
    • Trump’s personal conceptions of patriotism are also reflected in executive orders pertaining to immigration and deportation. One order provides that resident aliens who express “hatred for America,” “bear hostile attitudes toward [American] citizens, culture, government, institutions, or founding principles,” or “espouse hateful ideology” will be subject to deportation — a threat the administration has now made good on by deporting international students who have engaged in pro-Palestine protests and expression. The order instructs the Secretary of State and other agencies to “recommend any additional measures to be taken that promote a unified American identity and attachment to the Constitution, laws, and founding principles of the United States.”

    American history

    • In an executive order titled “Restoring Truth and Sanity to American History,” Trump declares, “It is the policy of my administration to restore Federal sites dedicated to history, including parks and museums, to solemn and uplifting public monuments that remind Americans of our extraordinary heritage, consistent progress toward becoming a more perfect Union, and unmatched record of advancing liberty, prosperity, and human flourishing.” Without even a hint of irony, the order then states, “Museums in our Nation’s capital should be places where individuals go to learn — not to be subjected to ideological indoctrination or divisive narratives that distort our shared history.”
    • The “Truth and Sanity” order tasks the vice president and other administration officials with “seeking to remove improper ideology from such properties.” An accompanying “Fact Sheet” boasts that the president has ordered officials “to work to eliminate improper, divisive, or anti-American ideology from the Smithsonian and its museums, education and research centers, and the National Zoo.” Further, Trump vows to remove “divisive ideology” he claims the prior administration adopted — apparently by imposing an ideology that portrays American history only in the most positive light.

    Declaring (and leveraging) official ‘Truths’ 

    As the highlighted language above shows, Trump’s executive orders could not be more transparent about their intent: to declare official “truth” and “falsity” regarding race, gender, and other matters and to punish the “promotion,” advocacy, or even references to competing ideas or ideologies. The orders call on agencies to ban or punish the “promotion” of “diversity” and “radical gender ideology,” instruction that is not “patriotic,” and speech that communicates “hostile attitudes” toward American culture or institutions. The orders declare the “truth” of biological sex and forbid the “promotion” of any other conception, while also banning pronouns and the word “gender” in federal programs. The Trump administration seeks to remove so-called “anti-American ideology” from museums.

    As I explained in my previous installment, the effect of the administration’s purported “truth-declaring” on expression has been nothing short of extraordinary. Executive agencies have responded, sometimes with absurd results — including removing exhibits about Jackie Robinson, cancelling celebrations of prominent black or female figures, removing books by black authors from libraries, and scrubbing information about the “Enola Gay” from the Department of Defense website. 

    Similar effects have occurred outside the government. Corporations, universities, and other federal funding recipients have likewise reacted to the president’s orders by removing disfavored words or concepts from websites and other public-facing documents. Universities have cancelled presentations based on concerns that the content of lectures will run afoul of the orders, broadcast stations have been warned that their licenses may be revoked based on DEI policies, and nonprofits have been instructed to remove potentially offending words and phrases from their grant documents

    The effort to punish expression the administration dislikes or disagrees with extends beyond the areas discussed. For example, a Trump executive order targets a former official who served in his first administration for publicly declaring that the 2020 presidential election was not affected by election fraud — a position contrary to Trump’s own oft-repeated (and oft-debunked) “stolen” election narrative.

    The administration has defended the orders by claiming that they merely announce new policies and target unlawfully discriminatory actions by funding grantees and others. Some even purport to preserve protection for speech that promotes or advocates what the orders define as “unlawful employment or contracting practices.” But these claims are belied by the orders themselves, which again repeatedly declare “truth” and “falsity” regarding ideas, ban “promotion” or “advocacy” of forbidden ideologies, and purport to dictate which ideas are and are not “anti-American.” 

    Despite their questionable validity, the orders have been exceptionally successful in terms of censoring and controlling speech. One of the principal reasons for this success is that the orders are generally vague or unclear about what is allowed and forbidden. Thus, although the concept of DEI is critical to determining whether a grantee is entitled to federal funds, none of the executive orders to date have bothered to provide any official and meaningful definition of the concept. Nor is it clear what to them constitutes “hateful ideology,” “anti-American ideology,” “unpatriotic” instruction, or other forbidden expression. To further illustrate the point, the Trump administration has been clear that it views gender as solely a biological concept; however, it has not been clear about what might constitute “radical gender ideology” or what actions will be treated as “promoting” it. 

    By design, such ambiguity fosters ideological suppression. As Clint Smith observed in an Atlantic article concerning the administration’s insistence that museums not display “divisive” or “anti-American ideology”: 

    What does it mean for something to be improper if the administration’s understanding of what is acceptable excludes anything that might make white Americans feel bad? Is the statue of Thomas Jefferson surrounded by bricks inscribed with the names of people he enslaved improper? Is a slave cabin that once sat on the grounds of a plantation in South Carolina improper? Are the shackles that were once locked around the feet of enslaved children improper? Is Harriet Tubman’s silk shawl improper? Is Nat Turner’s Bible improper? Is Emmett Till’s casket improper? Are the photographs of men and women who were lynched as white audiences looked on improper?

    This kind of vagueness and uncertainty stifles legitimate speech activity. Faced with ambiguity backed by agency enforcement, many grantees will err on the side of avoiding or excising what government officials might view as “false” ideas, forbidden “promotion,” or disfavored language. 

    The administration has used the pronouncement of its purported “truths” and forbidden “promotion” as leverage — to threaten investigations, agency actions, and funding denials. Thus, the orders state that any grantee who engages in forbidden DEI or promotes “gender ideology” is subject to an Equal Employment Opportunity Commission investigation and substantial funding loss. Charges of engaging in DEI and promoting “radical gender ideology” have provided a pretextual basis for governmental investigations and sanctions against law firms, universities, corporations, broadcasters, and others. For the administration, the lack of clear standards allows it to declare that grantees and others are in default, hence triggering lengthy and invasive investigations. To avoid the sanctions, some targeted entities and individuals have simply folded. The administration has similarly relied on vague definitions or standards regarding so-called “anti-Semitism” to intimidate and coerce universities into “settling” unproven claims. 

    The undemocratic benefits of vagueness 

    Thus far, the administration’s lack of clarity has worked in its favor. Given the ambiguity, it can be difficult to demonstrate that the government’s funding decisions are based on disagreement with viewpoints as opposed to responses to what it considers discriminatory practices or shifting policy positions. 

    Trump’s reliance on vague directives and implicit threats requires that courts treat “jawboning” and other informal means of coercion as just as problematic as more direct forms of suppression. The Supreme Court held in a recent decision that New York officials could not coerce financial institutions to cease dealings with the National Rifle Association. Likewise, the Trump administration is allowed to seek to persuade funding grantees and the Nation that its conceptions of race, gender, patriotism, and history are “true.” But it cannot coerce grantees to accept those “truths” through sanction or suppression of speech. 

    However this issue is resolved in courts, we should be aware that much of the damage has already been done. As Justice Jackson explained in Barnette, coercing individuals and institutions to accept official orthodoxies “invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control.” More ominously, Jackson warned, allowing officials to dictate what is “true” or “false” in the field of contested ideas leads only to “the unanimity of the graveyard.” 

    Elections have consequences . . . but imposing orthodoxies cannot be one of them

    Governments are entitled to communicate their views about race, gender, patriotism, and other subjects. Further, no one has a legal or constitutional right to federal funding. However, if the government is going to make federal funding available, it cannot deny or remove it based on a grantee’s promotion or advocacy of disfavored ideas or concepts. It cannot punish instructors for teaching or discussing DEI, scientists for conducting research focused on “diverse” or “disadvantaged” patient populations, or museums for communicating “divisive” viewpoints about American culture and history. 

    One of the key tenets of our First Amendment freedoms is that sometimes minority rights must trump majoritarian will. This is especially true when certain viewpoints are protected while others are prosecuted. By that measure, compelled orthodoxy is an affront to those free speech principles that distinguish our Madisonian democracy from other regimes that give lip service, if that, to such worthy principles.


    Court denies First Amendment challenge in anti-DEI case

    The case is National Urban League v. Trump (May 2). The Judge was Timothy Kelly (D.D.C.). Excerpt below:

    Plaintiffs are three nonprofit organizations that incorporate DEI into their work. They also contract with and receive funding from several federal agencies. Concerned that President Trump’s executive orders will prevent them from fulfilling their organizational missions, Plaintiffs sued to enjoin a host of agencies and officials from enforcing the orders. They moved for a preliminary injunction over a week later, arguing that eight provisions of the orders are unconstitutional under the First or Fifth Amendment — or both. More specifically, Plaintiffs contend that the challenged provisions are impermissibly vague, chill protected speech, and amount to unlawful viewpoint discrimination.

    But Plaintiffs have not shown that they are likely to succeed on any of those claims, so the extraordinary relief of a preliminary injunction is unwarranted. For half the challenged provisions, Plaintiffs fail to establish a prerequisite to success on the merits: standing. Presidential directives to subordinates that inflict no concrete harm on private parties — or at least not on these parties — do not present a justiciable case or controversy. And for the remaining provisions, Plaintiffs’ constitutional claims falter for various reasons. Two throughlines explain most of them. The government need not subsidize the exercise of constitutional rights to avoid infringing them, and the Constitution does not provide a right to violate federal antidiscrimination law. And those pressure points are even harder to overcome for Plaintiffs, who bring facial rather than as-applied challenges.

    Preliminary injunction remains in force in challenge to anti-DEI order

    The case is National Association of Diversity Officers in Higher Education v. Trump (May 1). The Judge is Adam B. Abelson (Dist. Ct., MD). Excerpt below:

    Judge Adam B. Abelson

    Judge Adam B. Abelson

    This Court remains of the view that Plaintiffs have shown a strong likelihood of success on the merits of their facial free speech and vagueness claims, as this Court previously explained. . . . The Challenged Provisions forbid government contractors and grantees from engaging in “equity-related” work and from “promoting DEI” in ways the administration may consider to violate antidiscrimination laws; they demand that the “private sector” “end . . . DEI” and threaten “strategic enforcement” to effectuate the “end[ing]” of “DEI”; and they threaten contractors and grantees with enforcement actions with the explicit purpose of ‘deter[ring]’ such ‘programs or principles.’ . . . This Court remains deeply troubled that the Challenged Provisions, which constitute content-based, viewpoint-discriminatory restrictions on speech (in addition to conduct), have the inherent and ineluctable effect of silencing speech that has long been, and remains, protected by the First Amendment. And they do so through impermissibly vague directives that exacerbate the speech-chilling aspects of the Challenged Provisions.

    Historically, the metaphor used to describe the effect of laws that restrict speech is “chill.” The more apt metaphor here is “extinguish.” Part of the explicit purpose and effect of the Challenged Provisions is to stifle debate — to silence selected viewpoints, selected discourse — on matters of public concern. They forbid government contractors and grantees from engaging in discourse — including speech such as teaching, conferences, writing, speaking, etc. — if that discourse is “related” to “equity.” And they direct the “private sector” to “end” diversity, to “end” equity, and to “end” inclusion. See J21 Order § 4(b) (directing agencies to “encourage the private sector to end . . . DEI”). “End” is not a mere “chill.” “Deter[rence]” is not a side-effect of the Challenged Provisions; their explicit goal is to “deter” not only “programs” but “principles” — i.e. ideas, concepts, values. After all, the opposite of inclusion is exclusion; the opposite of equity is inequity; and, at least in some forms, the opposite of diversity is segregation.

    The government has apparently concluded, and takes the position, that particular employment practices, for example related to hiring or promotion, constitute discrimination in ways that violate Title VI or Title VII. But the Challenged Provisions do far, far more than announce a change in enforcement priorities within the bounds of existing law. For as vague as the Challenged Provisions are about some matters, see ECF No. 44 at 36-44, 53-55, there can be no serious question that the direct and necessary impact of those provisions — and purposeful, to the extent that matters — is to extinguish discourse throughout civil society on what makes our society diverse, the different perspectives we each bring to bear based our respective upbringing, family history, community, economic circumstances, race, national origin, gender, ability, sexual orientation, or the like. These executive directives seek to extinguish discourse about our shared history. They seek to extinguish discourse about how to strive toward greater inclusivity, or even what that means, or whether that is a worthy goal.

    [ . . . ]

    Upon consideration of the motion to vacate the preliminary injunction, ECF No. 77, and the response and reply thereto, and after oral argument on April 10, 2025, and for the reasons provided above, it is ORDERED that the motion is DENIED.

    NYU Law School saga — right to take exams and lawfully protest reinstated

    Pro-Palestine law students at New York University have secured a major victory against the university administration’s attempts to silence protests. On May 4, the NYU administration confirmed that 31 law students who had been barred from campus and prohibited from sitting for final exams, unless they sign away their right to protest, are now permitted to take their exams.

    “This type of public pressure, the backlash that [the administration] got from not allowing students to sit for exams, was not something that they expected,” said one of the affected NYU law students, who spoke to Peoples Dispatch about this latest decision. 

    The NYU administration had sent a message out to 31 law students, barring them from campus including to take exams, unless they signed a “Use of Space Agreement” which included the language “you may not participate in any protest activity or disruptive activity on Law School property.” The law students who received the message are accused of participating in peaceful sit-in protests on March 4 and April 29, at NYU’s library and outside the office of the dean of the law school. 

    These student activists have pointed out that this is a form of protest permitted by the school’s own outlined policies. NYU’s Guidance and Expectations on Student Conduct explicitly states that “peacefully protesting on University property” is a type of “permitted” protest.

    Tinker-type case distributed for conference nine times

    The case is L.M. v. Town of Middleborough. The issue raised in the case is 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.

    The case has been on the docket since early October of last year. Since then it has been distributed for conference eight times between Dec. 6, 2024 and May 2, 2025. Eighteen states have filed an amicus brief in support of the petitioner.

    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 (9-0: 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

    Emergency Applications 

    • Yost v. Ohio Attorney General (Kavanaugh, J., “IT IS ORDERED that the March 14, 2025 order of the United States District Court for the Southern District of Ohio, case No. 2:24-cv-1401, is hereby stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Wednesday, April 16, 2025, by 5 p.m. (EDT).”)

    Free speech related

    • Mahmoud v. Taylor (argued April 22 / free exercise case: issue: Whether public schools burden parents’ religious exercise when they compel elementary school children to participate in instruction on gender and sexuality against their parents’ religious convictions and without notice or opportunity to opt out.)
    • Thompson v. United States (decided: 3-21-25/ 9-0 w special concurrences by Alito and Jackson) (interpretation of 18 U. S. C. §1014 re: “false statements”)

    Last scheduled FAN

    FAN 468: “Day 100! Abridging the First Amendment: Zick releases major resource report on Trump’s executive orders

    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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  • Is cancel culture dead? | The Foundation for Individual Rights and Expression

    Is cancel culture dead? | The Foundation for Individual Rights and Expression

    The co-authors of “The Canceling of the American Mind”
    discuss its new paperback release and where cancel culture stands a
    year and a half after the book’s original publication.


    Greg Lukianoff

    Rikki Schlott

    Timestamps:

    00:00 Intro

    04:35 Origin of book

    07:56 Definition of cancel culture

    17:55 Mike Adams, canceled professor

    23:51 Alexi McCammond, former Teen Vogue
    editor-in-chief

    31:57 Echo chambers on social media

    35:09 Trump administration ‘canceling’ law firms and
    higher ed institutions

    44:02 Rikki’s libertarian political identity

    51:02 Is cancel culture dead?

    54:26 Outro


    Read the transcript.

    Enjoy listening to the podcast? Donate to FIRE today and
    get exclusive content like member webinars, special episodes, and
    more. If you became a FIRE Member
    through a donation to FIRE at thefire.org and would like access to
    Substack’s paid subscriber podcast feed, please email [email protected].

    Show notes:

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  • OfS continues to sound the alarm on the financial sustainability of English higher education

    OfS continues to sound the alarm on the financial sustainability of English higher education

    For the third year in a row, the English higher education sector’s collective financial performance is in decline.

    That is the conclusion of the latest annual assessment of the sector’s financial sustainability from the Office for Students (OfS), based on finance returns for 2023-24.

    Overall, after stiff warnings this time last year about the risks of system-wide provider deficits if projected student number growth failed to materialise, OfS says that many providers are taking steps to manage their finances, by reducing costs and downgrading recruitment growth projections. It remains unlikely, says OfS, that a large provider will become insolvent in the coming financial year.

    But 43 per cent of providers are forecasting a deficit for the current financial year 2024–25, and there is an overall decline in overall surplus and liquidity – albeit with the expectation of growth in the years ahead. While larger teaching-intensive and medium sized providers were more likely to report a deficit, there is also quite a lot of variation between providers in different groups – meaning that institution type is not a reliable guide to financial circumstances.

    Recruitment woes

    Student recruitment is the most material driver of financial pressure, specifically, a home and international student market that appears insufficient to fill the number of places institutions aspire to offer. The broad trend of institutions forecasting student number growth in hopes of offsetting rising costs – including national insurance and pension contributions – makes it unlikely that all will achieve their ambitions. There’s evidence that the sector has scaled back its expectations, with aggregate forecast growth until 2027–28 lower than previous forecasts. But OfS warns that the aggregate estimate of an increase of 26 per cent in UK entrants and 19.5 per cent in non-UK entrants between 2023–24 and 2027–28 remains too optimistic.

    Questioned further on this phenomenon, OfS Director of Regulation Philippa Pickford noted that there is significant variation in forecasts between different providers, and that given the wider volatility in student recruitment it can be really quite difficult to project future numbers. The important thing, she stressed, is that providers plan for a range of possible scenarios, and have a mitigation plan in place if projections are not achieved. She added that OfS is considering whether it might give more information to providers upfront about the range of scenarios it expects to see evidence of having been considered.

    Storing up trouble

    While the focus of the financial sustainability is always going to be on the institutional failure scenario, arguably an equally significant concern is the accumulation of underlying structural weaknesses caused by year-on-year financial pressures. OfS identifies risks around deferral of estates maintenance, suspension of planned physical or digital infrastructure investments, and a significant increase in subcontractual (franchising) arrangements that require robust governance.

    All this is manifesting in some low-key emergency finance measures such as relying on lending to support operating cashflow where there is low liquidity at points in the year, selling assets, renegotiation of terms of covenants with lenders, or seeking injections of cash from donors, benefactors or principal shareholders. Generally, and understandably, the finance lending terms available to the sector are much more limited than they have been in the past and the cost of borrowing has risen. The general increases in uncertainty are manifest in the increased work auditors are doing to be able to confirm that institutions remain a “going concern.” Such measures can address short-term financial challenges but in most cases they are not a viable long term strategy for sustainability.

    OfS reiterates the message that providers are obligated to be financially sustainable while delivering a high quality student learning experience and following through on all commitments made to students – but it’s clear that frontline services are in the frame for cuts and/or that there is a limit to the ability to reduce day-to-day spending or close courses even when they are loss-making if there is likely to be an impact on institutional mission and reputation. Discussions between OfS and directors of finance point to a range of wider challenges around increased need for student support, the difficulty of recruiting and retaining staff, the increasing costs of conducting research, and shifts in the student accommodation rental market. Some even pointed to the cost of investment in AI-detection software.

    The future is murky

    The bigger picture points to long term (albeit unpredictable) shifts in the underlying financial model for HE. Philippa Pickford’s view is that institutions may need to shift from taking a short-term view of financial risks to a longer-term horizon, and will need to grapple with what a sustainable long term future for the institution looks like if the market looks different from what they have been used to. Deferral of capital investment, for example, may keep things going for a year or two but it can’t be put off indefinitely. There’s a hint in the report that some institutions may need to invest in greater skills, expertise and capacity to understand and navigate this complicated financial territory – and OfS is taking an increased interest in multi-year trends in financial performance, estates data and capital investment horizons in its discussions with providers.

    The situation remains, however, that OfS is primarily empowered to monitor, discuss, convene and, if necessary, issue directives relating to student protection. Activity of this nature has ramped up considerably in the past year, but financial sustainability remains, at base, individual providers’ responsibility – and system-level intervention on things like changing patterns of provision, or management of the wider impact of institutional insolvency, nobody in particular’s. Government is, of course, aware of the problem but has not yet given a steer on whether its upcoming HE reform measures, expected to be published in the summer after the spending review, will grasp the nettle in delivering the support for transformation the sector hopes to see.

    OfS has now said that it is talking to government to put forward the view that there should be a special administration regime for higher education. This signals that while the immediate risks of institutional closure or “disorderly market exit” are low, the pressures on a small number of institutions remain considerable. On the assumption of little or very modest changes in the funding model in the upcoming spending review, and ongoing competitive pressures, there will almost inevitably be losers.

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  • Banking on Human Capital: How RBC Sees the Future of Talent, Innovation, and the Role of Post-Secondary Institutions

    Banking on Human Capital: How RBC Sees the Future of Talent, Innovation, and the Role of Post-Secondary Institutions

    Canada’s heading into some pretty choppy waters in 2025. For a century or so, we’ve had a one track economic strategy, closer integration with the United States. Now, the Trump administration with its faith in tariffs as an instrument of both power and corruption, has essentially nuked that strategy, at least as far as the trading goods is concerned. There’s a lot of change coming to Canada, and it’ll be costly. In much the same way that diplomatic evolution and defense needs are forcing European countries to look at higher education in a different light, Canadian universities are looking around at their new situation very nervously too.

    In Canada right now, a few people are making the case for change as strongly as John Stackhouse. John’s the ex editor-in-chief of the Global Mail. He’s now a Senior Vice President at the Royal Bank of Canada, leading that organization’s economics and thought leadership group. He’s the lead author of a recent report called “A Smarter Path, the Case for Post-Secondary Reform.” This report makes a number of, shall we say, uncomfortable observations about the relationship between Canadian higher education and the Canadian knowledge economy, in particular, between high spending and high graduate numbers on the one hand, and low productivity and significant levels of graduate underemployment on the other.

    Though the report does not directly address the issue of Trump or tariffs — it was released 48 hours before Liberation Day — it has added to the sense in Canada that the higher education sector is headed for and indeed needs a shakeup. And just to come clean for a moment, we here at Higher Education Strategy Associates are in a partnership with John and RBC and the Business Higher Education Roundtable, putting together a series of events culminating in a policy summit on post-secondary education in late September of this year.

    In the interview today, I talked to John about what the Canadian system’s biggest challenges are, how universities and businesses can more effectively partner with one another, and why Canadian political parties are increasingly shy about betting on the knowledge economy. But enough for me. Let’s turn it over to John.


    The World of Higher Education Podcast
    Episode 3.30 | Banking on Human Capital: How RBC Sees the Future of Talent, Innovation, and the Role of Post-Secondary Institutions

    Transcript

    Alex Usher (AU): Okay, John, why does a bank care so much about post-secondary education?

    John Stackhouse (JS): That’s a fair question, Alex—and thank you for including us in the podcast. If I can put it in terms of capital, maybe that’s what people would expect from a bank. Our economy, and the society that depends on it, relies on different kinds of capital. We have natural capital, technology capital, and of course, financial capital—which you’d expect from a bank. But just as critical is human capital. That’s core to the economy.

    There’s nothing new in saying that, except to emphasize that from RBC’s perspective, when we look at Canada’s prospects through the 2030s and the prosperity we hope to achieve, we need to think seriously about how we harness all these forms of capital: natural, financial, technological—and critically—human capital.

    We need to develop a more prosperous economy and society, but also the kind of vibrant communities that companies want to be part of, and that we as individuals want to contribute to. As a bank, that matters to us. Our purpose is to help clients thrive and communities prosper—and both of those depend on human capital. We hear that from our clients, our community partners, and our employees. So those are just some of the reasons why RBC is leaning into the post-secondary conversation.

    AU: In the paper you co-wrote, you describe Canada’s post-secondary education system as being slow, costly, and often out of sync with the economy. I think those are fairly common criticisms of higher education around the world. Do you think there’s something specific to Canada in that critique? Or is this more of a general observation about modern higher ed?

    JS: There’s probably some parchment from a thousand years ago where an education critic wrote, “You’re too slow, too costly, and out of touch with the economy.” -Signed, the monks of higher education. But yes, it’s fair to say that Canada isn’t alone in facing these challenges. That said, there are a few things that may be more pronounced here. One is that we’ve been a bit of a victim of our own success. We have a lot of post-secondary education in this country, but we haven’t differentiated enough within the system.

    Continental Europe, for example, continues to differentiate in ways we haven’t. So we end up producing graduates with degrees and diplomas that are too similar—and not always aligned with specific needs.

    We also haven’t allowed the business model to evolve at the pace of the economy or society, or even the expectations of students and educators. Many of them know the world is moving faster than our institutions are.

    And then on the research side—which I’m sure we’ll get to—we really lag behind. As an advanced economy, a G7 country, we’re not where we should be in post-secondary research. Part of the issue lies with the private sector—we haven’t integrated research and business to the degree that an advanced economy will need to in the 2030s.

    AU: RBC has been a really strong voice on the education–work connection. What are employers still not getting from the current system? And what responsibility do you think they have in helping to improve it?

    JS: There’s definitely a shared responsibility—and thanks for mentioning RBC’s commitment to work-integrated learning. One of the reasons we’re so invested in this is because our CEO, Dave McKay, is a product of the co-op system at Waterloo. He has a deep belief that work-integrated learning not only improves the student experience, but also strengthens the education system itself.

    When students return to the classroom after applying their knowledge in the real world, it deepens their learning. And it also improves the organizations they work with. At RBC, we hire a couple thousand co-op students every year—not just programmers from Waterloo, but fantastic interns from TMU and a wide range of colleges and universities across the country.

    We benefit from that. It improves how we work. Yes, it creates a talent pipeline—but we’ve also seen something more transformative. Over the past decade, we’ve started giving our co-op students real challenges to solve. We form teams, provide some management support, and tell them: here are some of our biggest problems—see you in August. Then they present their ideas to senior leadership in what’s essentially a competitive showcase. We’ve had around a hundred patents come out of that system.

    Students bring critical thinking, fresh perspectives, and a collaborative mindset that they develop in post-secondary. They often arrive with stronger teamwork skills than we could teach them from scratch, and they’re able to apply those skills to real problems.

    So what do employers need to do? They need to treat this as a serious investment in their own businesses. It’s a way to drive change, but it requires resources. You have to hire people who are good at managing these programs. Students don’t just walk in and figure it out on their own—it’s not Lord of the Flies. It takes organizational effort.

    AU: Let’s talk about what educational institutions are doing. I got the impression from the report that you think they still need to do more to align educational outputs with labor market needs. That said, there’s been a lot of progress over the last decade: growth in work-integrated learning, the rise of microcredentials, experiments with competency-based learning. But it sounds like you don’t think that’s enough. What more needs to happen?

    JS: Sadly—or depending on your perspective, maybe excitingly—none of us are doing enough. That’s partly because of technology, but also because of broader global forces. The world around us is changing faster than most of us are able to keep up with—including large organizations, small businesses, and educational institutions.

    The pace of change is accelerating, and it will only continue to do so. Institutions need to become much more change-minded in how they operate. That’s hard in education, for all the reasons your listeners will understand.

    One major challenge is the business model. It’s becoming a crisis. Post-secondary institutions aren’t getting the funding they need. Everyone knows that—but they’re losing the argument in the public square when it comes to making the case for new funding. And given the pressures society is under, I don’t see that changing in a meaningful way anytime soon.

    So institutions need more freedom to change—to evolve their business models, including how they generate revenue. And that means becoming more connected to, and responsive to, the broader economy around them. That’s where many of the new opportunities lie.

    AU: John, we’ve been talking mostly about human capital, which you’ve said is a key concern for RBC. But what about research and the co-production of knowledge? What are the respective roles of post-secondary institutions and businesses? Why don’t we see the kind of close connection between enterprises and universities that exists in parts of Europe or the U.S.? What’s the missing link?

    JS: That’s a tough nut to crack—and one that people far smarter than me have studied and debated for decades. But part of the challenge lies in the private sector itself. In many ways, we’ve become too much of a “branch plant” and “hinterland” economy—living off the wealth of the land, our access to the U.S. market, and the dividends of an innovation economy.

    I wouldn’t say that’s coming to an end—because that would be overly dramatic—but we’re clearly experiencing a sharp shift. In an odd way, the Trump challenge to Canada is a bit of a gift. It’s forcing us to acknowledge that we can’t be so dependent on the U.S. market. That’s become a broadly shared Canadian view. We need to build stronger connections with other parts of the world—and that’s going to require more serious investment in R&D from our businesses.

    If we want to transform branch plants into independent, globally competitive facilities, especially ones that can succeed in European and Asian markets—despite the distance—we need to invest in research and development in a way we haven’t for a generation.

    New governments—federal and provincial—need to act with urgency. They should bring business leaders together and ask, “What do we need to build?” And not just through one-off tax incentives. We need to foster a culture of collaboration and dynamism between universities, colleges, polytechnics, and businesses to shape what I’d call a post-Trump Canadian economy.

    That’s not going to happen by copying Germany’s Fraunhofer model or Japan’s approach—those are deeply rooted in specific cultural contexts. We need to develop something uniquely Canadian.

    And we can’t afford to spend years on a Royal Commission or slow-moving studies. This needs to happen quickly. A new federal government could seize this moment to bring together the provinces and private sector with a sense of urgency—and maybe even a crisis mindset.

    AU: I’ll come back to the Trump issue in a moment, but going back to the report—you lay out a number of challenges in the sector: outdated budget models, over-credentialed but under-skilled graduates, and so on. What do you think is the most pressing reform Canadian post-secondary needs right now? What’s the weakest link in the system?

    JS: That’s a great question—and a hard one to answer. But I’d go back to the funding model. Post-secondary institutions need more flexibility to innovate with how they’re funded. They need to move beyond the constraints of provincial funding and develop new approaches to tuition and fees—ones that are more closely tied to performance, outputs, and outcomes.

    There also needs to be more competition within the sector. Most people I know in post-secondary are pretty enthusiastic about that idea—though, understandably, they’d like the model to be structured so they have a good shot at succeeding.

    I think provinces need to be nudged—and maybe not even that much—to open the door to more innovation, more competition, and a bit more daring on the institutional side.

    AU: I think the words you used in the report were “reasonable deregulation.” Tell me more about increased competition—are there things we could do to incentivize more new players in the system who might be more disruptive?

    JS: There’s nothing quite like new players. I’ve studied enough sectors over the years to see that when it comes to innovation, nothing works quite as well as a vibrant, well-funded new entrant. Encouraging that kind of disruption would move us forward significantly—and it would give creative people across the sector permission to come up with ideas they’re not even thinking about yet. That’s the power of competition.

    So one key step is reducing the regulatory barriers that prevent those new players from entering the space.

    I also think employers can play a bigger role by sending clearer market signals. That could be as simple as hiring differently. We tend to recruit from the same institutions over and over—often for good reasons—but “like hires like.” If we want to encourage new entrants, we have to show that their graduates will have good job prospects. That kind of signal travels fast—even down to the high school level, where students are making decisions about their future.

    AU: Outside the scope of the report, you’ve been very outspoken in recent months about the gravity of the threat Canada faces from the U.S. under Trump. You spoke at the Business + Higher Education Roundtable event, and I know people who heard your remarks were quite sobered by them.

    There are clearly big changes coming to the country as a whole. What are the implications for universities? What changes do you think are now baked into the systems of government subsidy and regulation because of the shifting geopolitical situation?

    JS: It’s unfortunate that colleges and universities aren’t more central to the Trump-related conversation. We’re hearing a lot about pipelines, export infrastructure, and ports—which are all important. We’re also hearing a lot about trade-exposed sectors: autos, steel, aluminum, even pharmaceuticals. Guess what? All of those sectors depend on post-secondary institutions.

    So how are we thinking about the steel plant of the future that might be exporting more to Europe or Asia? It’s going to need incentives to retool. The same goes for auto plants that may need to shift into different kinds of manufacturing—including, potentially, defense production as we scale up defense spending. What kind of talent will be needed for that? How are schools in those regions adapting? And to your point about research—how can we better integrate the research side of those institutions into this transformation?

    They’ll need to develop new models—and we need to incentivize that shift. The good news is, I think there will be more money on the table. But it will be different kinds of research and institutional funding than what we’ve seen in the past. And that could be a good thing.

    So how do colleges and universities rise to that challenge? There could be tens of billions of dollars available to support economic transition. They’ll need to step up and play a leading role—and if they do, they’ll be rewarded for it.

    Interestingly, there’s already growing enthusiasm to attract academic talent from the U.S.—what some are calling “Trump intellectual refugees.”

    I’ve seen similar cycles before. After 9/11, during the Bush years, there was a similar kind of excitement. Star academics moved here as a sort of cultural vote for Canada. But that kind of movement doesn’t tend to be sustainable—or even all that interesting—from a long-term perspective.

    So how do we make it sustainable and interesting? One idea, from someone else, is to create a kind of Canada Research Chairs 2.0 for the late 2020s.

    Not a play to say “Come escape Trump,” but rather to say: if you’re an entrepreneurial, ambitious academic working in areas that matter to Canada, there’s no better place in the world to be right now than here.

    AU: One of the points you touched on earlier is that political parties seem to be responding to aggressive tariffs on exports by doubling down on producing goods. I find that kind of strange—surely one of the answers is to pivot more toward services. We’re not especially strong in that area, and in theory, that’s where universities should have an advantage. Why do you think we’re pushing so hard on goods while letting the services side drift?

    JS: That’s a great observation. We’ve become more of a services—or maybe better put, an intangibles—economy. A knowledge economy. That was a popular thing to say a decade ago, though it’s become a bit derided since.

    But we need both. You can have intangibles on their own, but the best ones tend to emerge from tangible activities.

    We need to play to our strengths, and that includes our resource economy. One of the things we noted in our study is that post-secondary doesn’t align with the resource economy as well as it should. That doesn’t mean just producing miners and rig operators—though those roles will still matter for years to come. There’s a whole spectrum of science and discovery we’ve long excelled at, and we need to scale that up if we want to lead in critical minerals, for example.

    It’s not just about having critical mineral mines or processing plants. We’ve shut down many of our best mining schools in this country, while China has established far more than we have—far more than you’d expect based on population size alone.

    So yes, we need to invest in the intangible—knowledge—side of that tangible sector. It’s not just manufacturing, as you said. It’s also processing and resource extraction, which are highly sophisticated fields. Those have earned Canada substantial academic recognition over the decades.

    We need to ensure that the intangible capacity we’re building in our universities and colleges remains closely tied to the real economy—especially to manufacturing and resource development.

    AU: Best case scenario—ten years from now—what does the Canadian post-secondary system look like? How is it different from today?

    JS: It would have much more variation. In fact, we might see something entirely new emerge—something that’s not quite a college, university, or polytechnic, but a distinct Canadian model.

    Just as Canada pioneered community colleges in the 1950s and ’60s, we have a chance to create a new tier. And this wouldn’t be at the expense of the existing systems—but something more suited to evolving needs.

    We’d have institutions that reflect and respond to the economy across all regions, including the far North. We don’t need to be physically present everywhere—we can do a lot of this remotely—but we do need our institutions to better reflect the realities of the country and the economy. And they need to be more connected to the world.

    You and I have talked a lot about the situation with international students. The real tragedy of what’s happened over the last decade would be if we abandoned the whole model. We had something that was largely good—it got mucked up—but that doesn’t mean we throw it out.

    We need to fix what went wrong. And we need to remain a destination for the best and most ambitious students from around the world. Ideally, we want them to stay—but even if they go back home, they can help connect us to the world.

    Because if we’re being honest with ourselves, what we’re really saying as Canadians—though maybe not quite this explicitly—is that we want to be a more global country. And our post-secondary system is one of the best tools we have to make that happen. But it will take a deliberate effort to reach out to the world—and there’s no sector better positioned to do that than post-secondary.

    AU: John, thanks so much for being with us today.

    JS: Thanks, Alex. I’ve really enjoyed it.

    Alex Usher: And it just remains for me to thank our excellent producers, Tiffany MacLennan, Sam Pufek, and you, our viewers, listeners, and readers for following us. If you have any questions or concerns about today’s episode or suggestions for future ones, please don’t hesitate to get in touch with us at [email protected]. Run, don’t walk to our YouTube page and hit subscribe. That way you’ll never miss an episode of the World of Higher Education Podcast.

    Join us next week when our guest will be Rómulo Pinheiro. He’s a professor at the University of Agder in Norway, and we’ll be talking about university’s role in the economic development strategies of rural and remote regions. Bye for now.

    *This podcast transcript was generated using an AI transcription service with limited editing. Please forgive any errors made through this service. Please note, the views and opinions expressed in each episode are those of the individual contributors, and do not necessarily reflect those of the podcast host and team, or our sponsors.

    This episode is sponsored by KnowMeQ. ArchieCPL is the first AI-enabled tool that massively streamlines credit for prior learning evaluation. Toronto based KnowMeQ makes ethical AI tools that boost and bottom line, achieving new efficiencies in higher ed and workforce upskilling. 

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