Tag: drop

  • States drop Section 504 constitutional challenge

    States drop Section 504 constitutional challenge

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    Dive Brief:

    • A constitutional challenge against Section 504 of the Rehabilitation Act will no longer be pursued in a lawsuit filed by 17 states last year, according to a joint status report submitted by plaintiffs and defendants to the court earlier this month. 
    • Disability rights advocates and families with children who receive Section 504 accommodations in schools have raised concerns about the states’ lawsuit against the U.S. Department of Health and Human Services. That lawsuit, filed in September, challenges an HHS rule that includes gender dysphoria in the definition of a disability under Section 504 and originally argued that Section 504 was unconstitutional. 
    • While Section 504’s constitutionality is no longer being challenged, disability rights advocates say they are still on alert to legal proceedings and regulatory actions that would take away protections for transgender people with disabilities. 

    Dive Insight:

    The joint status report also notes that HHS, as defendants, are continuing to evaluate their position as a result of President Donald Trump’s Jan. 20 executive order shunning “gender ideology extremism.” The directive said U.S. policy will only recognize two sexes — male and female.

    The states’ lawsuit challenges a HHS rule finalized in May 2024 under the Biden administration that requires child care, preschool, elementary, secondary, postsecondary, and career and technical education programs to provide Section 504 services to students with gender dysphoria. The term describes the distress felt when one’s gender expression doesn’t match their gender identity.

    Additionally, on April 11, HHS published a clarification to the preamble of the Section 504 regulation, saying that the language concerning gender dysphoria “does not have the force or effect of law. Therefore, it cannot be enforced.” 

    Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in K-12 schools and colleges that receive federal funds. Students’ Section 504 accommodations can include academic, mental and physical supports.

    In a Feb. 14 update on its website, Disability Rights Education and Defense Fund said that if Section 504 were declared unconstitutional, it would be “a disaster for people with disabilities.”

    The states involved in the case are: Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah and West Virginia. The lawsuit was filed in U.S. District Court Northern District of Texas.

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  • FIRE and ACLU of TX: University of Texas must drop unconstitutional drag ban

    FIRE and ACLU of TX: University of Texas must drop unconstitutional drag ban

    AUSTIN, Texas, Apr. 22, 2025 — A pair of civil liberties organizations are joining forces today to demand the University of Texas System Board of Regents rescind its ban on campus drag shows — a clear First Amendment violation.

    In a joint letter, the American Civil Liberties Union of Texas and Foundation for Individual Rights and Expression called on the UT System to drop its drag ban that is currently chilling and infringing upon the speech of more than 200,000 students across its nine campuses.

    “Banning performances because government officials disapprove of their message is a textbook example of unconstitutional government censorship,” said FIRE Attorney Adam Steinbaugh. “The First Amendment protects the right of students at public universities to express themselves through art and performance, and that includes drag.”

    In March, University of Texas System Board of Regents Chair Kevin Eltife, citing unspecified “executive orders,” publicly declared that “our public university facilities, supported by taxpayers, will not serve as venues for drag shows.” Eltife’s statement followed a letter from Tarrant County Judge Tim O’Hare, which complained that drag shows “denigrate women” and suggested they violated an executive order from President Donald Trump that said “federal funds shall not be used to promote gender ideology.”

    But as a public university system, the UT System is required to abide by the First Amendment, which protects expression even if it offends state officials, campus administrators, or fellow students. And the justifications O’Hare cited are the same arguments from the Texas A&M University System that a federal judge in Texas roundly rejected when holding that system’s drag ban unconstitutional. On March 24 — just days after UT announced its drag ban — Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas struck down Texas A&M’s drag ban, ruling that drag “is speech and expressive conduct protected by the First Amendment.”

    The UT drag ban violates the First Amendment in a number of ways. First, it creates a prior restraint on speech, silencing artistic performances before they can even be held. This is a form of censorship that the Supreme Court has held to be “the most serious and the least tolerable infringement on First Amendment rights.”

    Second, by seemingly being issued to comply with Trump’s executive order targeting “gender ideology,” the ban is viewpoint discrimination; government institutions can’t gag speech based solely on whether they approve of the ideology being expressed. Lastly, UT’s drag ban is unconstitutionally vague. Because “drag” and “gender ideology” are undefined by the Board of Regents, students have no way of knowing whether their speech will fall afoul of regulations.

    West Texas A&M President cancels student charity drag show for second time

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    West Texas A&M President Wendler enforced his unconstitutional prior restraint by canceling a student-organized charity drag show for the second time.


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    “The University of Texas System must immediately rescind its unconstitutional anti-drag policy, which is an affront to its students’ First Amendment rights and its stated commitment to free speech and academic freedom,” said ACLU of Texas staff attorney Chloe Kempf. “The UT System’s vague and discriminatory ban on drag performances will make its campuses less free, less fair, and less welcoming for every student — especially LGBTQIA+ students. Texans expect state institutions to vigorously protect our fundamental rights and freedoms, no exceptions.”

    UT’s drag ban doesn’t just contradict the Constitution and recent court rulings in Texas — it also contradicts its own expressed values. Just last year, the UT System Board announced a “Commitment to Freedom of Speech and Expression,” which held that “it is not the proper role of the UT System or the UT institutions to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.” 

    “The UT Board of Regents laid down its marker last year that it would uphold the First Amendment and protect speech that may offend others,” said FIRE Supervising Senior Attorney JT Morris. “Now’s the time to put their money where their mouth is and stand up for the constitutional rights of all its students, instead of bowing to political pressure.”


    The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought—the most essential qualities of liberty. FIRE recognizes that colleges and universities play a vital role in preserving free thought within a free society. To this end, we place a special emphasis on defending the individual rights of students and faculty members on our nation’s campuses, including freedom of speech, freedom of association, due process, legal equality, religious liberty, and sanctity of conscience.

    The ACLU of Texas is a nonpartisan nonprofit organization that works with communities, at the State Capitol, and in the courts to protect and advance civil rights and civil liberties for every Texan, no exceptions.

    CONTACT:

    Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org

    Kristi Gross, Press Strategist, ACLU of Texas, media@aclutx.org

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  • How a Drop in Ph.D. Students Could Affect Colleges

    How a Drop in Ph.D. Students Could Affect Colleges

    Under mounting financial and political pressures, universities have paused or rescinded graduate student admissions on an unprecedented scale, which could create cross-campus ripple effects next fall and beyond.

    The extent of the cuts to the graduate student workforce remains unclear and will vary from institution to institution. But if and when those losses come to pass, experts say that employing fewer graduate students—particularly Ph.D. students, who typically hold years-long research and teaching assistantships—will undermine universities’ broader operations, including undergraduate education, faculty support and the future of academic research, which is reliant on training the next generation of scholars.

    “First and foremost, a reduction in the number of graduate students may threaten that individualized, close attention for undergraduates,” said Julia Kent, vice president of best practices and strategic initiatives at the Council of Graduate Schools.

    That’s because many doctoral students work as teaching assistants, particularly for large introductory undergraduate courses, where they assist with grading, lead discussion sections, help students with assignments and supervise labs.

    “While a professor may be doing the lectures for those courses, they may not seem as approachable or accessible to undergraduates. In those cases, the graduate teaching assistant is the first point of contact for that student. They may go to them for questions or feel more comfortable asking for help with assignment,” said Kent, who added that graduate students also support universities’ learning missions in other ways, too. “They may also help staff in the writing center and support undergraduates writing essays for their classes and provide informal mentoring.”

    ‘Not Sustainable’

    Although colleges and universities haven’t felt the effects of losing a number of those roles yet, Kent said the uncertainty surrounding graduate admissions poses a “real risk” to undergraduate learning.

    If universities do want to maintain smaller class sizes with fewer graduate students, they may rely even more heavily on low-paid contingent faculty, said Rosemary Perez, an associate professor at the Center for the Study of Higher and Postsecondary Education at the University of Michigan.

    “That’s not sustainable for those instructors, who may be teaching five or six classes at multiple campuses and still not making enough to live,” she said. And with fewer graduate students in the pipeline, “we’ll also have fewer people who are trained to be faculty. People are going to retire. Who’s going to teach these college classes that have experience working with college students?”

    Nothing concrete has to happen for people weighing their futures to decide to take a different path where it seems like there may be more stability. Rational humans may decide that’s not the direction they want to go in anymore, and that’s going to be an immediate loss to the field.”

    —Marcel Agüeros, astronomy professor at Columbia University

    And with fewer spots available to prospective graduate students, Perez fears students who don’t attend top-ranked institutions will be the first to disappear from the academic pipeline. That’s because when resources are scarce, “the tendency is to rely on markers of prestige or GRE scores as predictors of success,” she said. “But those aren’t great predictors of what people are capable of doing in their careers.”

    Fewer graduate students will also likely mean a heavier workload for faculty, who in addition to teaching, also rely on them to help with research by assisting in running labs and research groups and co-authoring papers.

    “They help universities’ reputation, but they also help faculty funding prospects by making the faculty more productive, because funding agencies like to see productive faculty. A lot of that labor is happening through graduate students,” said Julie Posselt, a higher education professor at the University of Southern California, which last month revoked outstanding offers for numerous Ph.D. programs, including sociology, chemistry, sociology, molecular biology and religion. “Meanwhile, there’s also plenty of evidence that Ph.D. students are contributing to universities’ research output and are independently advancing knowledge in their respective fields.”

    Impact Will Reach All Fields

    Already, numerous universities across the country have said they’re reducing the number of Ph.D. students in the biomedical sciences as a result of drastic cuts to the National Institutes of Health, which each year sends universities billions of dollars in grants that indirectly and directly support graduate education.

    But it won’t just be those in the biomedical sciences that feel those cuts, especially as colleges downsize their budgets in light of the NIH’s plan to cap the amount of money it gives institutions for indirect research costs, which covers facilities maintenance, compliance with patient safety protocols and hazardous biowaste removal. Although a federal judge has blocked those cuts for now, the Department of Health and Human Services filed an appeal Monday; if the plan takes effect, it will force universities to find other areas they can cut from their budgets to make up the difference.

    “Even if you’re in the humanities, what’s happening right now in federal granting agencies that are far from the humanities has an impact on the humanities, because the overall budget for a university to do things like keep up their infrastructure and keep the lights on will go down,” said Jody Greene, associate campus provost and literature professor at the University of California, Santa Cruz. “And if we also don’t have international students, that’s also going to be a significant budget hit at institutions like ours.”

    International Students at Play

    In addition to drastic cuts in grant funding from the NIH, the National Endowment for the Humanities and the Department of Education, the government has also revoked scores of international graduate students’ visas and detained several others.

    U.S. Secretary of State Marco Rubio has characterized, with little concrete evidence, those students as “lunatics” who came to the United States “not just to study but to participate in movements that vandalize universities, harass students, take over buildings and cause chaos.” The administration is also considering a travel ban affecting 43 countries. (After Trump issued a travel ban for seven countries during his first term, the number of international applicants to U.S. colleges fell 5.5 percent for graduate students, though applications have been on the rebound post-pandemic.)

    But universities worry that targeting international students—who made up nearly one in four incoming graduate students in 2022—will create a chilling effect, cause international student enrollment to plunge and strip institutions of yet another vital revenue source. According to data from the Institute of International Education, 81 percent of international undergraduate students and 61 percent of graduate students completely fund their own tuition.

    Would-Be Ph.D.s Wary

    All this politically driven chaos and financial uncertainty is making graduate school—and a career as a faculty member—a harder sell for students interested in research careers.

    “Up until this year, we’ve been able to tell prospective graduate students that the university will cover the costs of their Ph.D.,” said Marcel Agüeros, an astronomy professor at Columbia University, where the Trump administration has frozen some $650 million in NIH funding. “We want to stay true to that commitment, but we’d be lying if we said that’s going to be 100 percent possible.”

    And even though his department is currently only expecting to offer one fewer Ph.D. slot, Agüeros said the uncertainty over the future of federal funding—and even what areas of research academics are allowed to pursue—is enough to push people out of academia.

    “Nothing concrete has to happen for people weighing their futures to decide to take a different path where it seems like there may be more stability,” he said. “Rational humans may decide that’s not the direction they want to go in anymore, and that’s going to be an immediate loss to the field.”

    And those are the questions would-be graduate students all over the country are asking themselves right now.

    “We don’t have any data yet, but anecdotally, I’m hearing that there are a ton of students who are choosing not to even try to go to graduate school this year and next year because they’re perceiving less funding and support,” said Bethany Usher, immediate past president of the Council on Undergraduate Research and provost at Radford University in Virginia.

    “Those Ph.D. students are the ones who push the boundaries of research,” she added. “They have the newest ideas, and if we reduce those, it will have a generational impact on higher education, industries and communities.”

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  • Starting Salaries for Comm, Social Science College Grads Drop

    Starting Salaries for Comm, Social Science College Grads Drop

    Graduating college is a stressful process for many, with a May 2024 Student Voice survey by Inside Higher Ed and Generation Lab finding seven in 10 current students feel at least somewhat stressed thinking and preparing for life postgraduation. The Class of 2025, on average, is pessimistic about starting their careers, due in part to competition for jobs and student loans, according to research from Handshake.

    Recent survey data from the National Association of College and Employers points to uneven starting salary projections for the Class of 2025, with year-over-year movement on the decline for some bachelor’s degree majors, but all starting salaries have increased somewhat since 2022.

    “These salary projections come on the heels of employers indicating plans to hire 7.3 percent more graduates from the college Class of 2025 than they did from the Class of 2024, which hints at the overall health of the current job market for college graduates,” Shawn VanDerziel, NACE’s president and chief executive officer, said in a press release.

    The report draws on survey data from 158 employers and finds STEM students continue to have the highest starting salaries, compared to their communications, business and agriculture, and natural resources peers.

    The results: NACE’s survey focuses on base salaries, not including bonuses, commissions or other benefits. Projected movement in salaries over all ranges, with agriculture and natural resources climbing 2.8 percent but social sciences declining 3.6 percent, compared to the year prior.

    An Inside Higher Ed analysis of NACE’s winter surveys since 2022 finds that, while all degree programs have seen starting salary projections grow over the years, the growth has not been uniform. Communications and social sciences, in particular, saw growth in 2024 projections, which then fell in 2025.

    The highest-paid individual majors were in the engineering field: computer ($82,565) and software engineering ($82,536). Math and sciences graduates remain the third-highest-paid majors but saw a 2 percent decrease in salary projections.

    Employer respondents indicated the most in-demand majors are finance and computer science, with two-thirds of respondents indicating they will hire students in these majors. Similarly, accounting (65 percent), business administration (55 percent) and information sciences and systems (53 percent) are majors employers indicated that they will hire.

    Students’ predictions: A November 2024 student survey by ScholarshipOwl found, on average, respondents expect to earn $60,000 to $80,000 per year for their first full-time job after they graduate. Around one-quarter of respondents indicated that they expect to earn $90,000 or more for their first job out of college, which is not reflected in employer responses.

    In addition to having a competitive salary, students are most interested in jobs that provide tuition reimbursement or support for student loan repayment (61 percent), retirement savings benefits (59 percent), medical and dental benefits (58 percent), and paid vacation and holidays (49 percent). The results reflect the economic pressures college students face paying for college and high costs of living that disproportionately affect students.

    Do you have a career-focused intervention that might help others promote student success? Tell us about it.

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  • VICTORY: Mississippi town votes to drop lawsuit that had forced newspaper to take down editorial

    VICTORY: Mississippi town votes to drop lawsuit that had forced newspaper to take down editorial

    CLARKSDALE, Miss., Feb. 25, 2025 — After receiving widespread condemnation for obtaining a temporary restraining order that forced Mississippi’s Clarksdale Press Register to take down an editorial critical of the city, Clarksdale’s Board of Mayor and Commissioners voted Monday to drop the lawsuit.

    Last week, the Foundation for Individual Rights and Expression first called national attention to the plight of the Press Register after the city sued the small-town Coahoma County newspaper to force it to take down an editorial criticizing local officials. On Friday, FIRE agreed to defend the Press Register, its editor, and parent company in court to have the unconstitutional restraining order lifted.

    “The implications of this case go beyond one Mississippi town censoring its paper of record,” said FIRE attorney David Rubin. “If the government can get a court order silencing mere questions about its decisions, the First Amendment rights of all Americans are in jeopardy.”

    By Monday, Clarksdale’s Board had convened, voted not to continue with the lawsuit, and filed a notice of voluntary dismissal with the court. That means the city’s suit is over and with it the restraining order preventing the Press Register from publishing its editorial.  

    “While we are relieved the city has voted to drop its vindictive lawsuit, it doesn’t unring this bell,” Rubin said. “The Press Register is exploring its options to ensure that the city refrains from blatantly unconstitutional censorship in the future.” 

    The controversy began when the city of Clarksdale held an impromptu meeting on Feb. 4 to discuss sending a resolution asking the state legislature to let it levy a 2% tax on products like tobacco, alcohol, and marijuana. By state law, cities must notify the media when they hold such irregular “special-called meetings,” but the Press Register did not receive any notice. 

    In response, the Press Register blasted the city in an editorial titled “Secrecy, Deception Erode Public Trust,” and questioned their motive for freezing out the press. “Have commissioners or the mayor gotten kick-back from the community?” the editorial asked. “Until Tuesday we had not heard of any. Maybe they just want a few nights in Jackson to lobby for this idea – at public expense.”

    “For over a hundred years, the Press Register has served the people of Clarksdale by speaking the truth and printing the facts,” said Wyatt Emmerich, president of Emmerich Newspapers. “We didn’t earn the community’s trust by backing down to politicians, and we didn’t plan on starting now.”

    Rather than taking their licks, the Clarksdale Board of Commissioners made a shocking move by voting to sue the Press Register, its editor and publisher Floyd Ingram, and its parent company Emmerich Newspapers for “libel.” Last Tuesday, Judge Martin granted ex parte – that is, without hearing from the Press Register – the city’s motion for a temporary restraining order to force it to take down the editorial.

    By silencing the Press Register before they could even challenge Clarksdale’s claims, Judge Martin’s ruling represented a clear example of a “prior restraint,” a serious First Amendment violation. Before the government can force the removal of any speech, the First Amendment rightly demands a determination whether it fits into one of the limited categories of unprotected speech or otherwise withstands judicial scrutiny. Otherwise, the government has carte blanche to silence speech in the days, months, or even years it takes to get a final ruling that the speech was actually protected.

    Judge Martin’s decision was even more surprising given that Clarksdale’s lawsuit had several obvious and fatal flaws. Most glaringly, the government itself cannot sue citizens for libel. As the Supreme Court reaffirmed in the landmark 1964 case New York Times v. Sullivan, “no court of last resort in this country has ever held, or even suggested, that prosecutions for libel on government have any place in the American system of jurisprudence.”

    But even if the Clarksdale commissioners had sued in their personal capacities, Sullivan also established that public officials have to prove not just that a newspaper made an error, but that it did so with “actual malice,” defined as “knowledge that it was false or with reckless disregard of whether it was false.” Clarksdale’s lawsuit didn’t even attempt to prove the Press Register editorial met that standard.

    Finally, libel requires a false statement of fact. But the Press Register’s broadside against city officials was an opinion piece that expressed the opinion that there could be unsavory reasons for the city’s lack of candor. The only unique statement of fact expressed in the editorial — that Clarksdale failed to meet the legal obligation to inform the media of its meeting — was confirmed by the city itself in its legal filings.

    “If asking whether a politician might be corrupt was libel, virtually every American would be bankrupt,” said FIRE attorney Josh Bleisch. “For good reason, courts have long held that political speech about government officials deserves the widest latitude and the strongest protection under the First Amendment. That’s true from the White House all the way down to your local councilman.”

    Like many clumsy censorship attempts, Clarksdale’s lawsuit against the Press Register backfired spectacularly by outraging the public and making the editorial go viral. After FIRE’s advocacy, the small Mississippi town’s lawsuit received coverage from the New York Times, The Washington PostFox News, and CNN, and condemnation from national organizations like Reporters Committee for Freedom of the Press and the Committee to Protect Journalists. Other Mississippi newspapers have stepped up and published the editorial in their own pages to ensure its preservation.

    “If the board had grumbled and gone about their day, this whole brouhaha wouldn’t have traveled far outside our town,” said Emmerich. “But when they tried to censor us, the eyes of the nation were on Clarksdale and millions heard about our editorial. Let this be a lesson: if you try to silence one voice in America, a hundred more will take up the call.”


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

    CONTACT:

    Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org

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