Tag: Executive

  • New Program for College Students’ Executive Functioning Skills

    New Program for College Students’ Executive Functioning Skills

    Since the COVID-19 pandemic forced many schools to move instruction online, some students have struggled to regain or even learn the interpersonal and organizational skills they need to succeed in college.

    To rectify that, the University of Mary Washington created a new four-week program this fall to help incoming students hone their planning and social skills. Called LaunchPad, the program aims to help ease students’ transition into higher education, provide them with life-management skills and connect them with peers and supportive staff.

    What’s the need: Data shows that current traditional-aged college students are less likely than previous cohorts of students to be prepared for postsecondary education. A 2024 report from ed-tech provider EAB found that students increasingly struggle with resiliency and conflict resolution and are less likely to be involved in campus organizations or social opportunities.

    Surveys show that students are interested in receiving additional support to help them get organized and learn to manage their time. A study from Anthology, also published in 2024, found that 40 percent of students feel overwhelmed and anxious about their academic workload, and a quarter say they lack time-management skills. Similarly, a 2023 survey by Inside Higher Ed found that one-third of respondents want help planning their schedules and managing their time, such as a through a deadline organizer.

    At the University of Mary Washington, “many students struggle with organization, time management and involvement, especially post-pandemic,” said April Wynn, director of the first-year experience. “LaunchPad provides structured support in these areas.”

    How it works: LaunchPad teaches students executive functioning and socialization skills, including how to maintain a schedule, track deadlines, employ technology, communicate effectively and respond to adversity, according to a university press release.

    Starting the first week of class, students are invited to participate in a LaunchPad session, beginning with syllabus organization and then in subsequent week moving on to Microsoft basics, campus involvement and time management.

    Each week, students could opt in to a LaunchPad activity to help them develop practical life skills.

    University of Mary Washington

    Teaching the tech tools is essential because students often enroll with more experience using Chromebooks than Microsoft products, Wynn noted. Students also received a physical planner during the syllabus session, marking upcoming deadlines at the start of the term to help them prepare.

    The initiative is supported by a Fund for Mary Washington Impact Grant, which provides donor-funded grants, ranging from $500 to $5,000, to students, faculty and staff for projects. Wynn and Dean of Students Melissa Jones applied for the grant and received $5,000 to fund peer-mentor stipends, day planners, workshops and more.

    LaunchPad involves representatives from a variety of campus offices, including the career center, student activities, new student programs, the writing center, campus recreation, housing and residence life, and the Office of Disability Resources.

    The impact: The fall 2025 pilot offered 51 hours of programming over four weeks, with 378 student participants and 466 hours of work by staff, faculty and peer mentors, Wynn said. “Student and facilitator feedback was collected at each session, with additional student survey feedback scheduled for December, after they’ve had time to test out what they learned in the program,” she said.

    The university is considering a shorter program in the spring semester to capture transfer and other new students, as well as expanding the fall program to six weeks to include major and career advising, Wynn said. “While LaunchPad is geared toward first-year students, we hope to plan it around the fall senior class meeting in the future to provide a refresher for soon-to-be graduates,” Wynn said.

    Getting Students Organized

    Several other colleges have implemented new programs to help students build executive-functioning skills.

    • Faculty at DePaul University created a short course in the College of Communication to help students set goals and reflect on their academic progress.
    • Wake Forest University’s Center for Learning Access and Student Success established a digital syllabus that outlines all assignments and assessments for each class a student is enrolled in, creating a centralized depot for organization.
    • Dartmouth College created regular programming to help students build time management and organization skills, led by peers to normalize challenges.

    How does your college encourage students to be organized and improve their life skills? Tell us more.

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  • Preparing Students for Economic Transformation: Why Executive Function Skills Matter More Than Ever

    Preparing Students for Economic Transformation: Why Executive Function Skills Matter More Than Ever

    As we witness a fundamental shift in the American economy, the question facing parents and educators is no longer simply “Should my child go to college?” but rather “How do we prepare young people to thrive in a rapidly transforming workforce?” The answer lies in early intervention – building executive functioning skills, identifying areas of strength, and cultivating the confidence and competencies that will serve students throughout their lives, regardless of the path they choose. 

    A Manufacturing Renaissance and What It Means for Our Students

    Economist Nancy Lazar recently highlighted a transformation that’s been quietly unfolding for over a decade. As she explained, “This is transformational. It has actually been unfolding for about 15 years. It started last cycle, when capital spending started to come back to the United States… we started to get goods-producing jobs increased. 2010 through 2019.”

    This shift represents more than just economics – it’s a fundamental reimagining of what career success looks like. Lazar emphasized the multiplier effect of manufacturing jobs: “When you create factories, you need a support system around it. Other smaller factories, distribution centers, and then other services eventually, eventually unfold.”

    For our students, this means opportunity. But only if we prepare them properly.

    The Skills Gap Isn’t Insurmountable – It’s a Training Challenge

    One of the most encouraging aspects of Lazar’s analysis is her pragmatic view of the “skills gap.” When asked whether skills mismatches would create friction in this economic transformation, her response was refreshingly direct:

    “I visited a prison about 6 years ago, where they were training inmates as they got parole in skills. And they would train them, and they’d go out […] and they would get a job. So you can train people to work in factories. I grew up in a factory town. I saw it myself, and it’s training.”

    This is where executive functioning skills become critical. The ability to plan, organize, manage time, regulate emotions, and adapt to new situations – these are the foundations that make any training successful. Students who develop strong executive function early don’t just learn specific skills; they learn how to learn, how to persist through challenges, and how to present themselves as valuable contributors.

    Rethinking the College Paradigm

    Lazar’s interview included a striking moment when discussing Palantir’s hiring practices: “Palantir was in the news last week. They’re hiring high school kids. Great idea. Get a job, then see if you want to go, go to college, if you need to go, if you need to go to college.”

    Let’s be clear: this isn’t an anti-college message. It’s a pro-purpose message.

    College remains an invaluable experience for many students – particularly those pursuing fields that require specific credentials or advanced study. The college environment can foster character development, expose students to the humanities and sciences that broaden perspective, and provide the space for young adults to discover who they are and what they value. These are legitimate and important outcomes.

    However, when college costs approach $400,000-$500,000 for a four-year degree at a private institution, we must ask hard questions. If the primary goal is character building and general education, a $24,000 per year public university can accomplish that beautifully. If the goal is career preparation without a specific professional credential requirement, technical training may be more appropriate and cost-effective.

    The issue isn’t whether college has value – it does. The issue is whether the value received justifies the investment made, and whether we’re honest about what we’re purchasing.

    The Dignity and Promise of Technical Education

    Lazar put it plainly: “I do think this is transformational, is healthy for the economy, not everybody needs to go to college, wants to go to college, and there should be other job opportunities.”

    The data supports this transformation. According to the Bureau of Labor Statistics, median wages for skilled trades have increased significantly over the past decade. Electricians now earn a median salary of approximately $60,000 annually, with experienced professionals in specialized areas earning well over $80,000. Similarly, HVAC technicians, plumbers, and manufacturing technicians are seeing wage growth that outpaces inflation, with many positions offering comprehensive benefits and job security.

    A 2023 report from Georgetown University’s Center on Education and the Workforce found that 30% of workers with associate degrees earn more than the median bachelor’s degree holder. In fields like industrial machinery mechanics, respiratory therapy, and radiation therapy, two-year degree holders often out-earn four-year college graduates.

    These aren’t consolation prizes – they’re dignified, skilled professions that offer security, growth, and the satisfaction of tangible, meaningful work.

    Lazar emphasized the importance of community colleges and training partnerships: “Community college system, companies working with community colleges. I’m excited about it, rather than people depending upon the government, where they can actually go out and get a healthy, good job.”

    This is where we, as educators and parents, must examine our own biases. Have we unconsciously communicated that technical careers are somehow “less than”? Have we steered capable students away from hands-on work that might actually suit their strengths and interests better than a traditional academic path?

    Early Intervention: Building the Foundation for Any Path

    This is why our work at Novella Prep focuses so heavily on executive functioning skills, confidence building, and identifying individual strengths early in a student’s educational journey. Whether a student ultimately pursues:

    • A four-year university degree
    • Technical certification
    • Community college training
    • Apprenticeship programs
    • Entrepreneurship
    • Direct workforce entry

    …they will need the same core competencies:

    Organization and Planning: The ability to manage complex projects, meet deadlines, and coordinate multiple responsibilities.

    Self-Regulation: Managing frustration, persisting through difficulty, and maintaining focus in the face of distractions.

    Metacognition: Understanding how they learn best, identifying when they need help, and continuously improving their approach.

    Communication: Presenting ideas clearly, collaborating with others, and advocating for themselves appropriately.

    Adaptability: Adjusting to new environments, learning new systems, and remaining flexible as circumstances change.

    These skills aren’t taught in a single semester. They’re developed over years, through consistent practice, reflection, and coaching. The earlier we begin, the more deeply embedded these capacities become.

    Aligning Education with Purpose

    Here’s what we should be asking our middle and high school students:

    • What activities make you lose track of time because you’re so engaged?
    • What problems in the world bother you enough that you want to help solve them?
    • What skills do you already have that others find valuable?
    • What kind of work environment appeals to you – collaborative or independent, physical or sedentary, creative or systematic?

    And then, critically: What preparation path will best develop your strengths while addressing your growth areas, at a cost that makes sense for your goals?

    For some students, that will absolutely mean a selective four-year university. For others, it might mean starting at community college and transferring. For still others, it might mean a technical certification earned while working, allowing them to enter the workforce without debt while building real-world experience.

    The Role of Executive Function in Workforce Value

    Lazar noted that “80% of jobs are created in companies with less than 500 employees,” and emphasized the importance of small business growth. In smaller organizations, employees often wear multiple hats and must demonstrate initiative, problem-solving, and reliability from day one.

    These are executive function skills in action. An employee who can:

    • Anticipate needs before being asked
    • Organize their work efficiently
    • Communicate proactively about challenges
    • Adapt when priorities shift
    • Take ownership of outcomes

    …will always be valuable, regardless of their specific technical training or degree credentials.

    This is why we emphasize these skills alongside academic content. We’re not just preparing students for college admission; we’re preparing them to be the kind of people others want to work with, hire, and promote.

    Confidence Built on Competence

    Perhaps most importantly, early executive function training builds genuine confidence. Not the hollow self-esteem of participation trophies, but the real thing – confidence rooted in demonstrated competence.

    When students experience themselves as capable – when they successfully plan and execute a complex project, when they overcome a genuine challenge through persistence, when they see tangible results from their efforts – they internalize a sense of agency that serves them forever.

    This confidence allows them to:

    • Try new things without fear of failure
    • Advocate for themselves in educational and work settings
    • Recover from setbacks without catastrophizing
    • Make decisions aligned with their values rather than others’ expectations

    A Practical Path Forward

    For parents and educators reading this, here are concrete steps:

    1. Start Early: Executive function skills develop most rapidly before age 25. Don’t wait until junior year of high school to address organization, time management, and self-regulation challenges.
    2. Identify Strengths: Help students discover what they’re genuinely good at and interested in. Resist the urge to push them toward paths that seem prestigious but don’t fit their actual abilities and interests.
    3. Explore All Options: Visit technical schools and community colleges with the same care you’d visit four-year universities. Talk to people working in trades and technical fields. Challenge assumptions about what constitutes “success.”
    4. Run the Numbers: If a four-year private college costs $400,000+, be explicit about the return on investment. What specific outcomes justify that expense? If the answer is primarily “experience” and “education,” consider whether those outcomes could be achieved at lower cost.
    5. Prioritize Skills Over Credentials: Focus on building competencies that transfer across contexts – executive function, communication, critical thinking, technical literacy. These matter more than the name on the diploma.
    6. Embrace Multiple Pathways: Success isn’t linear. Many people benefit from working before college, or combining work and school, or pursuing technical training first and academic credentials later. There’s no single “right” way.

    Conclusion: Preparation for Purpose

    Nancy Lazar concluded her interview by expressing excitement about the economic transformation: “I’m excited about it, rather than people depending upon the government, where they can actually go out and get a healthy, good job.”

    That should be our goal for every student: a healthy, good job – or better yet, fulfilling work that leverages their strengths, provides economic security, and contributes value to others.

    Getting there requires more than test scores and GPAs. Life requires executive functioning skills, self-awareness, confidence built on competence, and the wisdom to choose a path aligned with individual strengths and goals rather than generic prestige.

    At Novella Prep, this is the work we’re committed to – helping students develop not just the skills to get into college, but the capacities to thrive in whatever path they choose. Because in a transforming economy, the most valuable credential isn’t a diploma. It’s the ability to learn, adapt, contribute, and grow throughout a lifetime.


    Dr. Tony Di Giacomo is an educational expert specializing in executive function development and college preparation. Through Novella Prep, his company works with students and families to build the skills, confidence, and strategic thinking necessary for long-term success.

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  • ‘End of an era’: Experts warn research executive order could stifle scientific innovation

    ‘End of an era’: Experts warn research executive order could stifle scientific innovation

    An executive order that gives political appointees new oversight for the types of federal grants that are approved could undercut the foundation of scientific research in the U.S., research and higher education experts say. 

    President Donald Trump’s order, signed Aug. 7, directs political appointees at federal agencies to review grant awards to ensure they align with the administration’s “priorities and the national interest.

    These appointees are to avoid giving funding to several types of projects, including those that recognize sex beyond a male-female binary or initiatives that promote “anti-American values,” though the order doesn’t define what those values are.   

    The order effectively codifies the Trump administration’s moves to deny or suddenly terminate research grants that aren’t in line with its priorities, such as projects related to climate change, mRNA research, and diversity, equity and inclusion.

    The executive order’s mandates mark a big departure from norms before the second Trump administration. Previously, career experts provided oversight rather than political appointees and peer review was the core way to evaluate projects.

    Not surprisingly, the move has brought backlash from some quarters.

    The executive order runs counter to the core principle of funding projects based on scientific merit — an idea that has driven science policy in the U.S. since World War II, said Toby Smith, senior vice president for government relations and public policy at the Association of American Universities. 

    “It gives the authority to do what has been happening, which is to overrule peer-review through changes and political priorities,” said Smith. “This is really circumventing peer review in a way that’s not going to advance U.S. science and not be healthy for our country.”

    That could stifle scientific innovation. Trump’s order could prompt scientists to discard their research ideas, not enter the scientific research field or go to another country to complete their work, research experts say. 

    Ultimately, these policies could cause the U.S. to fall from being one of the top countries for scientific research to one near the bottom, said Michael Lubell, a physics professor at the City College of New York.

    “This is the end of an era,” said Lubell. “Even if things settle out, the damage has already been done.”

    A new approach to research oversight

    Under the order, senior political appointees or their designees will review new federal awards as well as ongoingl grants and terminate those that don’t align with the administration’s priorities.

    This policy is a far cry from the research and development strategy developed by Franklin D. Roosevelt’s administration at the end of World War II. Vannevar Bush, who headed the U.S. Office of Scientific Research and Development at the time, decided the U.S. needed a robust national program to fund research that would leave scientists to do their work free from political pressure. 

    Bush’s strategy involved some government oversight over research projects, but it tended to defer to the science community to decide which projects were most promising, Lubell said. 

    “That kind of approach has worked extremely well,” said Lubell. “We have had strong economic growth. We’re the No. 1 military in the world, our work in the scientific field, whether it’s medicine, or IT — we’re right at the forefront.”

    But Trump administration officials, through executive orders and in public hearings, have dismissed some federal research as misleading or unreliable — and portrayed the American scientific enterprise as one in crisis. 

    The Aug. 7 order cited a 2024 report from the U.S. Senate Commerce, Science, and Transportation Committee, led by its then-ranking member and current chairman, Sen. Ted Cruz, R-Texas, that alleged more than a quarter of National Science Foundation spending supported DEI and other “left-wing ideological crusades.” House Democrats, in a report released in April, characterized Cruz’s report as “a sloppy mess” that used flawed methodology and “McCarthyistic tactics.”

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  • Free speech and ‘the executive power’ with Advisory Opinions

    Free speech and ‘the executive power’ with Advisory Opinions

    What are the limits of presidential power? How many
    days has it been since President Trump’s TikTok ban moratorium went
    into place? What is the state of the conservative legal movement?
    And where did former FIRE president David French
    go on his first date?

    French and Sarah Isgur
    of the popular legal podcast “Advisory
    Opinions
    ” join the show to answer these questions and
    discuss the few free speech issues where they disagree with
    FIRE.

    Timestamps:

    00:00 Intro

    02:18 Origin story of “Advisory Opinions”

    08:15 Disagreements between FIRE and AO

    15:04 Why FIRE doesn’t editorialize on the content of
    speech

    24:27 Limits of presidential power

    43:30 Free speech, the dread of tyrants

    51:01 The prosecution of political figures

    58:01 Cracker Barrel

    01:00:09 State of the conservative legal movement

    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].

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  • FIRE statement on President Trump’s executive order to outlaw flag burning

    FIRE statement on President Trump’s executive order to outlaw flag burning

    On Aug. 25, President Donald Trump issued an executive order cracking down on flag burning, which is protected expressive activity under the First Amendment. During the signing, Trump remarked, “If you burn a flag, you get one year in jail.” The following statement can be attributed to FIRE Chief Counsel Bob Corn-Revere.


    President Trump may believe he has the power to revise the First Amendment with the stroke of a pen, but he doesn’t.

    Flag burning as a form of political protest is protected by the First Amendment. That’s nothing new. While people can be prosecuted for burning anything in a place they aren’t allowed to set fires, the government can’t prosecute protected expressive activity — even if many Americans, including the president, find it “uniquely offensive and provocative.”

    You don’t have to like flag burning. You can condemn it, debate it, or hoist your own flag even higher. The beauty of free speech is that you get to express your opinions, even if others don’t like what you have to say. 

    Your burning questions on flag burning

    The right to burn the American flag sparks heated debate, but the First Amendment protects flag burning in most cases.


    Read More

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  • Trump Aims to Save College Sports with Executive Order

    Trump Aims to Save College Sports with Executive Order

    The Trump administration threw its hat in the ring Thursday amid growing debates over how best to manage compensation for college athletes, issuing an executive order titled Saving College Sports.

    It comes just over 24 hours after House Republicans in two separate committees advanced legislation concerning the same topic.

    “The future of college sports is under unprecedented threat,” the order stated. “A national solution is urgently needed to prevent this situation from deteriorating beyond repair and to protect non-revenue sports, including many women’s sports, that comprise the backbone of intercollegiate athletics, drive American superiority at the Olympics … and catalyze hundreds of thousands of student-athletes to fuel American success in myriad ways.”

    Ever since legal challenges and new state laws drove the National Collegiate Athletic Association to allow student-athletes to profit off their own name, image and likeness in 2021, America has entered a new era that many refer to as the wild west of college sports.

    Lawmakers have long scrutinized this unregulated market, arguing that it allows the wealthiest colleges to buy the best players. But a recent settlement, finalized in June, granted colleges the power to directly pay their athletes, elevating the dispute to a new level. Many fear that disproportionate revenue-sharing among the most watched sports, namely men’s football and basketball, will hurt women’s athletics and Olympic sports including soccer and track and field.

    By directing colleges to preserve and expand scholarships for those sports and provide the maximum number of roster spots permitted under NCAA rules, the Trump administration hopes to prevent such a monopolization.

    The order also disallows third-party, pay-for-play compensation that has become common among the wealthiest institutions and booster clubs, and mandates that any revenue-sharing permitted between universities and collegiate athletes should be implemented in a manner that protects women’s and nonrevenue sports.

    Many sports law experts are skeptical about the order, suggesting it’s unlikely to move the needle and might create new legal challenges instead.

    However, Representative Tim Walberg, a Michigan Republican and chair of the Education and Workforce Committee, thanked the president for his commitment to supporting student-athletes and strengthening college athletics.

    “The SCORE Act, led by our three committees, will complement the President’s executive order,” Walberg said. “We look forward to working with all of our colleagues in Congress to build a stronger and more durable college sports environment.”

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  • What does Trump’s executive order on foreign gift reporting mean for colleges?

    What does Trump’s executive order on foreign gift reporting mean for colleges?

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    Since President Donald Trump retook office, the U.S. Department of Education has launched investigations into several high-profile colleges over their compliance with Section 117, a decades-old law that was largely ignored until 2018. 

    The law — part of the reauthorization of the Higher Education Act in 1986 — requires colleges that receive federal financial assistance to disclose contracts and gifts from foreign sources worth $250,000 or more in a year to the U.S. Department of Education. 

    In late April, Trump signed an executive order charging U.S. Education Secretary Linda McMahon to work with other executive agencies, including the U.S. Department of Justice, to open investigations and enforce Section 117. The order also explicitly ties compliance with Section 117 to eligibility for federal grant funding and directs McMahon to require colleges to disclose more specific details about their foreign gifts and contracts. 

    However, complying with the law is difficult and time-consuming for colleges given the challenges they face collecting the needed data and uploading it to the Education Department’s system, according to higher education experts. That means universities must take steps to ensure they are complying, such as dedicating a staff member to meet the law’s requirements, they said.

    Failing to properly do so could put colleges in the crosshairs of the Trump administration and potentially cause them to miss out on federal grants, as higher education experts speculate the executive order will be used as another tool to target institutions’ funding. 

    “The Trump administration has it out for American higher education, particularly those they have branded elite institutions,” said Jeremy Bauer-Wolf, investigations manager on the higher education program at New America, a left-leaning think tank. “Section 117 is another cudgel for them.”

    The history of Section 117

    After Section 117 was enacted nearly 40 years ago over concerns about foreign donations to colleges, it was never really implemented by the Education Department and went largely ignored, said Sarah Spreitzer, vice president and chief of staff for government relations at the American Council on Education. People just stopped thinking about the issue and didn’t pay attention to it, she said. 

    However, concerns in Congress grew in 2018 when then-Federal Bureau of Investigations Director Christopher Wray testified before a Senate panel that China was exploiting the open research and development environment in the U.S. and universities were naive to the threat. 

    Proactively monitoring Section 117 and investigating disclosures was seen at the time as a way to “mitigate malign and undue foreign influence,” a Congressional Research Service report released this past February stated. 

    Following the hearing, the first Trump administration “really started making a show of Section 117,” said Bauer-Wolf

    Between 2019 and 2021, the Trump administration opened investigations into prominent institutions such as Harvard University, Georgetown University, Cornell University, the Massachusetts Institute of Technology and Yale University. The administration was more focused on enforcing compliance through investigations than working with colleges to help them understand what the law required, said Spreitzer

    That had a “chilling impact on our institutions,” said Spreitzer. Colleges had a lot of questions about Section 117 reporting that went unanswered because they “were worried that if they called the Department of Education, they would be hit with an investigation.” 

    The investigations led colleges to report $6.5 billion in “previously undisclosed foreign funds,” according to Trump’s executive order. 

    When the Biden administration took over, Education Department officials moved enforcement of Section 117 from the Office of the General Counsel to Federal Student Aid. The Biden Education Department also closed several investigations launched under the Trump administration, and it did not open any new ones. 

    Trump, in his executive order, alleged the Biden administration “undid” the investigatory work completed during his first term. But those investigations had been going on for several years, so it’s unclear whether those probes should or should not have been closed, said Spreitzer.

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  • NEA Executive Committee Reverses Member Vote to Boycott ADL Educational Materials

    NEA Executive Committee Reverses Member Vote to Boycott ADL Educational Materials

    ADL CEO Jonathan GreenblattThe National Education Association’s (NEA) executive committee has rejected a resolution passed by union members that would have severed ties with the Anti-Defamation League (ADL), preserving access to educational materials on antisemitism and Holocaust education amid rising campus tensions.

    The decision, announced Friday by NEA President Becky Pringle, came after the union’s Representative Assembly voted last week in Portland, Oregon, to cut ties with the civil rights organization over its characterization of campus protests related to the Gaza conflict as antisemitic.

    “Following the culmination of a thorough review process, it was determined that this proposal would not further NEA’s commitment to academic freedom,” Pringle said in a statement. The rejection preserves educators’ access to ADL curricula and professional development programs that address antisemitism in educational settings.

    The controversy highlights the complex challenges facing educational institutions as they navigate discussions about antisemitism, campus climate, and academic freedom in the aftermath of increased tensions following the October 7, 2023 Hamas attacks and subsequent Gaza conflict.

    The executive committee’s decision followed an unprecedented coalition effort, with nearly 400 Jewish organizations and dozens of elected officials urging the NEA to reject the boycott proposal. The coalition argued that excluding ADL materials would harm efforts to combat antisemitism in schools and marginalize Jewish educators and students.

    “This resolution was not just an attack on the ADL, but a larger attack against Jewish educators, students, and families,” said a joint statement from ADL CEO Jonathan Greenblatt, American Jewish Committee CEO Ted Deutch, Conference of Presidents of Major American Jewish Organizations COO Stephanie Hausner, and Jewish Federations of North America Executive Vice President Shira Hutt.

    The Jewish leaders emphasized that the proposed boycott would have normalized “antisemitic isolation, othering, and marginalization of Jewish teachers, students and families in our schools,” even as teachers’ unions have limited power to dictate curriculum.

    The debate reflects broader tensions on college and K-12 campuses nationwide, where Jewish students and faculty have reported increased incidents of antisemitism alongside pro-Palestinian advocacy efforts. The ADL’s annual reporting on antisemitic incidents has itself become a point of contention, with some progressive Jewish leaders questioning whether the organization conflates legitimate criticism of Israeli government policies with antisemitism.

    Amy Spitalnick, CEO of the Jewish Council for Public Affairs, offered a nuanced perspective: “It’s possible to disagree with ADL without cutting off all engagement — which would undercut our shared goals of countering antisemitism and broader hate and bias.”

    Pringle clarified that rejecting the boycott proposal was not an endorsement of “the ADL’s full body of work” but acknowledged the organization’s role in addressing rising antisemitism. She met with ADL CEO Greenblatt to discuss the union’s processes and reaffirm the NEA’s commitment to combating antisemitism.

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  • Trump’s executive orders: Due process, ‘breathtaking sweeps,’ and the evils of intentional vagueness — First Amendment News 472

    Trump’s executive orders: Due process, ‘breathtaking sweeps,’ and the evils of intentional vagueness — First Amendment News 472

    Beginning next week, First Amendment News (FAN) will be moving to Substack. Be sure to sign up and follow us there for future installments!


    “No American President has ever before issued executive orders like the one at issue in this lawsuit . . . The instant case presents an unprecedented attack on . . . foundational principles. . . . Here, deciding what process was due to plaintiff is unnecessary, because no process was provided.” — Perkins Coie LLP v. Department of Justice (Dist. Ct., D.C., May 2)

    “[T]he Court found that Ms. Rumeysa Ozturk has demonstrated a substantial claim of a violation of due process.” — Ozturk v. Hyde (Dist. Ct., VT, May 16)

    “[T]his directive has a breathtaking sweep . . .” — Jenner & Block v. U.S. Dept. of Justice (Dist. Ct., D.C., May 23)

    Maxim#1: Vagueness and due process cannot coexist, at least not in any system of constitutional justice worthy of the name. 

    Maxim #2: The broader the law’s sweep, the greater the likelihood that it was designed to be arbitrarily punitive.

    It is undeniable: Many of Donald Trump’s executive orders run wildly afoul of basic tenets of fairness. Time and again, he has ordered his subordinates to enforce orders that are shockingly vague and disturbingly broad. Both in their conception and execution, such orders patently violate the commands of the First, Fifth, and Fourteenth Amendments. And yet, the public and the courts are asked to countenance such abridgments of law in the name of unfettered executive prerogative.

    Clarity and precision in lawmaking are fundamental to any system of justice. That call for clarity, which traces back at least to Roman law, finds expression in Montesquieu’s “Spirit of Laws” and William Blackstone’s “Commentaries on the Laws of England.” Laws must be “plainly and perspicuously penned,” is how Blackstone tagged it.

    In “Federalist No. 62,” James Madison condemned those laws that were “incoherent that they cannot be understood.” The idea is rooted in basic fairness, in due process of law. Such a process is especially important in the First Amendment context.

    Whether it be in executive orders directed at DEI practices, law firms, universities, libraries, or immigrants, among others, the basic problem of vagueness is the constitutional cancer present in all of them. 

    As Justice Thurgood Marshall made clear in 1972’s Grayned v. City of Rockford, vagueness offends fairness because (i) it provides no meaningful warning to ordinary persons as to “what is prohibited,” (ii) it provides no “explicit standards” to law enforcement officials, judges, and juries necessary to avoid “arbitrary and discriminatory application,” and (iii) vague laws chill protected speech insofar as the “boundaries of the forbidden areas [are not] clearly marked.” 

    Justice William Brennan explained the First Amendment importance of that principle in 1963’s NAACP v. Button: “Standards of permissible . . . vagueness are strict in the area of free expression. . . [I]n the area of First Amendment freedoms, the existence of a [vague mandate is] susceptible of sweeping and improper application.”

    In the unconstitutional process, lawyers, scientists, librarians, universities, law firms and others are chilled into silence — and that is precisely the point.

    The evils of vagueness, among other constitutional wrongs, were thoughtfully identified by federal district court Judge Adam B. Abelson in the recent Maryland District Court case National Association of Diversity Officers in Higher Education v. Trump. In relevant part, Judge Abelson began: 

    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 . . . 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.” 

    Judge Adam B. Abelson

    Thereafter, he emphasized that the Court was 

    …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.

    To elucidate that point, he added:

    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, and 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.

    Such are but some of the evils rooted in many of Trump’s executive orders. Those affronts to due process and First Amendment principles are so obvious as to render their design intentional (see “Trump’s ‘So what?’ stratagem,” FAN 470).

    Trump’s Justice Department defends such lawlessness by procedural obfuscation coupled with political rhetoric and claims of unrestrained executive prerogative. When that fails they take cover by being evasive, as revealed in oral arguments in the Second Circuit case of Ozturk v. Hyde

    The appeals court judges pushed . . . [Department of Justice attorney Drew] Ensign on whether or not the Trump administration believed that both students’ speech was lawful speech.

    “We have not taken a position on that,” Ensign told the panel of three judges, saying concerns over where the students’ cases should be heard were more important.

    “Help my thinking along,” Judge Barrington D. Parker then said. “Take a position.”

    “Your honor, I don’t have authority to take a position on that right now,” Ensign replied.

    Drew Ensign Former Arizona Deputy Solicitor General

    Drew Ensign

    In the unconstitutional process, lawyers, scientists, librarians, universities, law firms and others are chilled into silence — and that is precisely the point. 

    Consider as well this from an article in The New York Times by Stephanie Saul:

    The Trump administration is set to cancel the federal government’s remaining federal contracts with Harvard University — worth an estimated $100 million, according to a letter that is being sent to federal agencies on Tuesday. The May 27 letter [from the U.S. General Services Administration] also instructs agencies to “find alternative vendors” for future services.

    The additional planned cuts, outlined in a draft of the letter obtained by The New York Times, represented what an administration official called a complete severance of the government’s longstanding business relationship with Harvard.

    The letter is the latest example of the Trump administration’s determination to bring Harvard — arguably the country’s most elite and culturally dominant university — to its knees, by undermining its financial health and global influence. Since last month, the administration has frozen about $3.2 billion in grants and contracts with Harvard. And it has tried to halt the university’s ability to enroll international students.

    Related

    A new episode of the Academic Freedom Podcast has been released. The podcast is sponsored by the Academic Freedom Alliance and the Center for Academic Freedom and Free Speech at Yale Law School.

    This episode features a conversation with Cass Sunstein, the Robert Walmsley University Professor at Harvard Law School and former administrator of the White House Office of Information and Regulatory Affairs. His recent working paper, ‘Our Money or Your Life!’ Higher Education and the First Amendment,’ explores the First Amendment constraints on federal funding to American universities.

    In the last few weeks, the Trump administration has made several announcements that it is withholding a significant amount of federal funds from specific universities, notably Columbia University and Harvard University, and that those funds will not be released until those universities comply with a set of demands. Harvard received a letter on April 11 demanding changes in Harvard’s governance, faculty hiring practices, student admissions practices, viewpoint diversity among the faculty, and student disciplinary policies, among other things. On May 5, the Secretary of Education sent a letter to Harvard informing the university that the federal government will award it no grants for scholarly research in the future. Reportedly, there is more than $2 billion dollars at stake.

    On the podcast we talk through what the Trump administration is doing, what the consequences are for Harvard and other affected universities, and what constitutional issues are raised by the administration’s actions in denying Harvard access to federal research funds. In the process, we get a short course on First Amendment doctrine relating to viewpoint discrimination and unconstitutional conditions.

    Trump’s lackey: FCC Chairman Brendan Carr

    Commissioner of Federal Communications Commission Brendan Carr discusses how FCC funding has helped expand patient care at the University of Mississippi Medical Center's Center for Telehealth, during a news conference at the telehealth center in Ridgeland, Mississippi, on April 1, 2021.

    FCC Commissioner Brendan Carr

    “He has . . . abandoned the FCC’s posture as an independent regulator in favor of an openly personal embrace of Trump.”

    Four months into his tenure as head of America’s top communications regulator, Brendan Carr appears to be running a Trumpian playbook to transform a long-independent agency.

    Immediately after being promoted by President Donald Trump to chair the Federal Communications Commission, on Jan. 20, Carr launched investigations into top media companies, including NPR, PBS and Comcast.

    Related

    Latest update of Zick’s Executive Orders repository 

    SCOTUS denies review in middle school ‘two genders’ shirt case 

    This past Monday the Supreme Court denied review (7-2) in L.M. v. Town of Middleborough. The issue raised in that case was 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.

    Summary of facts: “In this case, L.M.’s [middle] school prohibited him from wearing a non-obscene, non-vulgar shirt stating, ‘There Are Only Two Genders,’ because the message ‘would cause students in the LGBTQ+ community to feel unsafe.’. The school even banned him from wearing the same shirt on which he covered the words ‘Only Two’ with a piece of tape on which he wrote “CENSORED” so that the message read, ‘There Are [CENSORED] Genders.’”

    The petition had been distributed for conference twelve times.

    Justice Clarence Thomas wrote a dissent. Justice Samuel Alito also wrote a separate dissent, which in part read:

    This case presents an issue of great importance for our Nation’s youth: whether public schools may suppress student speech either because it expresses a viewpoint that the school disfavors or because of vague concerns about the likely effect of the speech on the school atmosphere or on students who find the speech offensive. In this case, a middle school permitted and indeed encouraged student expression endorsing the view that there are many genders. But when L. M., a seventh grader, wore a t-shirt that said “There Are Only Two Genders,” he was barred from attending class. And when he protested this censorship by blocking out the words “Only Two” and substituting “CENSORED,” the school prohibited that shirt as well.

    The First Circuit held that the school did not violate L. M.’s free-speech rights. It held that the general prohibition against viewpoint-based censorship does not apply to public schools. And it employed a vague, permissive, and jargon-laden rule that departed from the standard this Court adopted in Tinker v. Des Moines Independent Community School Dist., 393 U. S. 503 (1969).

    FBI reopens probe into Dobbs Supreme Court leak

    The FBI will launch new probes into the 2023 discovery of cocaine at the White House during President Joe Biden’s term and the 2022 leak of the Supreme Court’s draft opinion overturning Roe v. Wade, a top official announced on Monday. Dan Bongino, a rightwing podcaster-turned-FBI deputy director, made the announcement on X, saying that he had requested weekly briefings on the cases’ progress. . . .

    ‘So to Speak’ podcast: Heather Mac Donald on Trump & free speech


    “[M]y reaction to everything that Trump is doing, and I agree almost across the board with his substantive aims whether it’s with regards to the universities, whether it’s regards to immigration, is what would we feel if the democratic administrations were doing this exact same thing in favor of their values? Everything we’re doing sets a precedent. Again, I acknowledge the precedent has already been set. . . . I’m still very nervous about the government using power because even though I’m not deeply libertarian, I do think that the hope of a neutral arbiter of a government that is restrained by rules that are content-free that are politics-free is one of the biggest yearnings of humanity, at least in the west.” — Heather Mac Donald

    Heather Mac Donald discusses the Trump administration’s free speech record amidst its battles with higher ed, mainstream media, law firms, and more.

    Mac Donald is a Thomas W. Smith Fellow at the Manhattan Institute. Her most recent book is “When race trumps merit: How the pursuit of equity sacrifices excellence, destroys beauty, and threatens lives.”

    Related

    • Heather Mac Donald, “The White House’s Clumsy Attack on Harvard,” City Journal (April 15) (“The administration is growing ever bolder in its crusade against the institutions responsible for left-wing ideology — whether elite law firms or universities. That crusade is unquestionably justified. Its targets deserve little sympathy. . .”)

    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”)

    Beginning next week, First Amendment News (FAN) will be moving to Substack. Be sure to sign up and follow us there for future installments!

    Last scheduled FAN

    FAN 471: “Seven free speech groups issue a call to oppose Trump’s First Amendment violations… Why aren’t there more?

    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.

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  • Federal Judge Blocks Trump’s Executive Order to Close Education Department

    Federal Judge Blocks Trump’s Executive Order to Close Education Department

    A federal judge in Massachusetts has issued a preliminary injunction halting President Donald Trump’s executive order to dismantle the U.S. Department of Education, dealing a significant blow to the administration’s efforts to eliminate the federal agency.

    District Court Judge Myong J. Joun on last Thursday blocked Trump and Education Secretary Linda McMahon from carrying out the executive order and ordered the administration to reinstate approximately 1,300 Education Department employees who were terminated in March as part of a sweeping reduction-in-force.

    The ruling comes in response to consolidated lawsuits filed by a coalition of 20 states, the District of Columbia, educator unions, and school districts challenging the administration’s moves to shrink and eventually close the department.

    When Trump took office in January, the Education Department employed 4,133 workers. The reduction-in-force announced March 11 terminated more than 1,300 positions, while nearly 600 additional employees chose to resign or retire, leaving roughly 2,180 remaining staff—approximately half the department’s original size.

    In his ruling, Judge Joun wrote that “a department without enough employees to perform statutorily mandated functions is not a department at all,” adding that the court “cannot be asked to cover its eyes while the Department’s employees are continuously fired and units are transferred out until the Department becomes a shell of itself.”

    The judge also prohibited Trump from transferring management of the federal student loan portfolio and special needs programs to other federal agencies, as the president had pledged to do from the Oval Office.

    Judge Joun determined that the Trump administration likely violated the separation of powers by taking actions that conflicted with congressional mandates. He noted the administration had failed to demonstrate that the staff reductions actually improved efficiency, writing that “the record is replete with evidence of the opposite.”

    The plaintiffs argued that the department could no longer fulfill critical duties, including managing the $1.6 trillion federal student loan portfolio serving roughly 43 million borrowers and ensuring colleges comply with federal funding requirements.

    The American Association of University Professors (AAUP), which joined the legal challenge alongside other educator groups, praised the ruling as a crucial victory for higher education access.

    “The AAUP is thrilled that District Judge Joun has blocked Trump’s illegal attempt to gut the Department of Education and lay off half of its workforce,” said AAUP President Dr. Todd Wolfson. “Eliminating the ED would hurt everyday Americans, severely limit access to education, eviscerate funding for HBCUs and TCUs while benefiting partisan politicians and private corporations looking to extract profit from our nation’s higher education system.”

    American Federation of Teachers President Randi Weingarten called the decision “a first step to reverse this war on knowledge and the undermining of broad-based opportunity.”

    The Education Department’s deputy assistant secretary for communications, Madi Biedermann, criticized the ruling in a statement, calling Judge Joun a “far-left Judge” who “dramatically overstepped his authority” and vowed to “immediately challenge this on an emergency basis.”

    The case, Somerville Public Schools v. Trump, represents the consolidation of two separate lawsuits filed in March. Democracy Forward is representing the coalition of plaintiffs, which includes the AAUP, Somerville Public School Committee, Easthampton School District, Massachusetts AFT, AFSCME Council 93, and the Service Employees International Union.

    The ruling temporarily halts one of the Trump administration’s most ambitious efforts to reshape federal education policy, though the legal battle is expected to continue as the administration pursues its appeal.

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