Tag: Issue

  • IELTS apologises after technical issue leads to score changes

    IELTS apologises after technical issue leads to score changes

    • IELTS attributes the situation to a “technical issue” affecting some reading and listening components of its Academic and General Training tests.
    • Testing company says 99% of its tests in the relevant time period were unaffected by the bug and offers apologies and support to test-takers who received incorrect results.
    • Commentators point out the consequences of the score changes could be far-reaching.

    IELTS test-takers around the world have been informed that some results dating back to August 2023 were incorrect, and revised scores have now been issued.

    The incorrect test results are a result of a “technical issue” affecting a number of listening and reading components of some IELTS Academic and General Training tests. Most result corrections are upwards, with some downwards. The majority of test-takers saw changes in component scores, with some experiencing a 0.5 band score change too.

    “IELTS recently identified an issue that led to a small proportion of test-takers receiving incorrect results between August 2023 and September 2025,” the company said in a statement.

    “Over 99% of IELTS tests during this time period were unaffected and there are no continuing issues with current IELTS tests. We have contacted affected test-takers to provide updated results, to offer our sincere apologies, and to provide appropriate support. We have also contacted relevant recognising organisations.”

    The organisation maintained it has “strict quality control procedures” in place to protect the integrity of the millions of IELTS tests it administers each year and assured it has taken “all necessary steps” to prevent this issue from happening again.

    IELTS, co-owned by IDP, Cambridge University Press, and the British Council, has launched a help page addressing the issue. The page provides answers to frequently asked questions and guidance for affected candidates and organisations on next steps, including how to access revised scores.

    Affected test-takers are being offered refunds and free resits.

    Michael Goodine, owner of Test Resources in South Korea, and commentator on the testing industry, said the story highlights “how important it is for test makers to identify problems as quickly as possible so that test takers have sufficient time to protect their interests”.

    Goodine worries that those test-takers who originally received lower scores may have “missed out on life-changing academic and professional opportunities for which they needed a particular IELTS score”.

    The PIE contacted IELTS for comment.

    Goodine also has concerns that the technical issue may have prevented some candidates from meeting immigration or residency requirements.

    “It may be too late for some of these individuals to get back on track. I feel for those people,” he said.

    Testing companies serve as gatekeepers for academia and for immigration.
    Michael Goodine, Test Resources

    And he worries that candidates who received inflated scores may have found themselves struggling in academic settings.

    “Testing companies serve as gatekeepers for academia and for immigration. When they mess up, the consequences can be far-reaching and profound,” said Goodine.

    IELTS describes the issue as “an internal IELTS issue” and said it has completed a thorough investigation into the cause of the issue “to ensure no current or future test takers would be affected, and to rectify the issue for those impacted”.

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  • Neurodiverse leadership is a quality issue for universities, not a side project 

    Neurodiverse leadership is a quality issue for universities, not a side project 

    Author:
    Imran Mir

    Published:

    This guest blog was kindly authored by Imran Mir, Campus Head and Programme Lead, Apex College Leicester 

    Leadership in higher education is often measured by indicators such as retention rates, research outputs and league table positions. These are important, but leadership is far deeper than numbers. Growing up with autism and then becoming a leader in higher education has shaped how I approach leadership. Being neurodiverse means I see situations differently, notice patterns others may miss, and feel deep empathy with students and colleagues who are often invisible in our systems. 
     
    This is why neurodiverse leadership must be treated as a quality issue. Universities are rightly talking more about inclusive curriculum design and student support, but these conversations rarely extend to who sits at the decision-making table. Representation in leadership is not about tokenism. It is about ensuring the sector benefits from different ways of thinking, which is vital for quality, resilience and innovation.

    Why neurodiverse leadership matters

    According to the University of Edinburgh 2024, in the UK, one in seven people are neurodiverse. Advance HE 2024 report shows leadership teams in higher education remain overwhelmingly homogenous. This lack of representation is not just an issue of fairness, it is also a missed opportunity for innovation. Research by Deloitte 2017 shows that neurodiverse teams can be up to 30 per cent more productive in tasks requiring creativity and pattern recognition. Universities are currently facing challenges in relation to funding and digital disruption, and they will need this kind of productivity and resilience more than ever. 
     
    Further, Made By Dyslexia 2023 claims that one in five people are dyslexic, many of whom bring excellent problem-solving and communication skills. These strengths align with what is expected in leadership roles, where complex challenges and clear communication are requirements. Yet recruitment and promotion processes can often filter out people who think or communicate differently. 
     
    Austin & Pisano, 2017 adds that neurodiverse leaders frequently demonstrate empathy and adaptability. These qualities are imperative in higher education as institutions are trying their best to meet diverse student needs, respond to rapid change and rebuild trust in their systems. Without neurodiverse leadership, universities risk reinforcing the very barriers which they are trying to eradicate. 

    Lessons for higher education leaders

    From my own experience, I have learned three lessons that apply directly to leadership in higher education. 
     
    The first lesson is the power of clarity. Neurodiverse staff and students excel when expectations are clear. As a leader, I have seen first-hand that communicating with clarity in strategy documents, policies and day-to-day interactions builds trust in the academic institution. Research on organisational effectiveness suggests that clear communication consistently improves outcomes across diverse teams  
     
    The second lesson is valuing flexibility. Traditional recruitment, professional development and promotion systems seem to reward conformity. This is a missed opportunity because neurodiverse teams will bring innovation and productivity benefits. Strong leaders can change this by adopting flexible approaches such as task-based interviews, blended assessments that combine written, oral and practical elements, and CPD which takes into consideration various communication styles. 

    The third lesson is role modelling openness. For years I believed that revealing my autism would be seen as a weakness. In reality, sharing my story has made me a stronger leader. It has encouraged colleagues to be open about their own experiences and helped students feel less isolated. Austin & Pisano 2017 show that when leaders model vulnerability and authenticity, it strengthens organisational culture and increases trust across teams. 

    A quality issue, not a side project

    These lessons outline why neurodiverse leadership should not be viewed as a side project. Quality frameworks such as the Office for Students’ conditions and the QAA Quality Code are built on assumptions of fairness, reliability and inclusivity. If leadership itself is not inclusive, then the credibility of these frameworks is undermined. If the voices of the one-in-seven neurodiverse people are not present in leadership, then universities are failing to reflect the diversity of the communities they are trying to serve.  
     
    Neurodiverse leadership will strengthen governance, enhances decision-making and ensures policies reflect the diversity of the student body. It is a direct contributor to educational quality, not an optional extra.

    Conclusion

    As someone working in higher education, I know these lessons are transferable across the sector. But they feel especially urgent now, as universities face funding pressures, digital disruption and growing student expectations. In such times, leaders who think differently are not optional. They are essential. 
     
    Neurodiverse leadership is not about meeting quotas. It is about strengthening quality. The sector cannot afford to waste talent or exclude perspectives that could help it adapt and thrive. If universities want to remain resilient, they must recognise that diversity of thought at the leadership table is just as important as diversity in the classroom. At its heart, this is about shaping the future of higher education in a way that is inclusive, innovative and sustainable. 

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  • Grad v. Professional Programs a Key Issue for ED Panel

    Grad v. Professional Programs a Key Issue for ED Panel

    Despite the possibility of a government shutdown next week, the Education Department is slated to begin the complicated endeavor of determining how to carry out the sweeping higher ed changes in Congress’s One Big Beautiful Bill Act.

    The agenda for the weeklong meeting, which kicks off Monday, includes hammering out details about loan repayment plans and how to help struggling borrowers return to good standing. The key issue on the table, though, will likely be determining how best to differentiate between graduate and professional degree programs for future borrowers.

    The terms “graduate” and “professional” were once nothing more than a trivial self-prescribed classification. But under the Republicans’ new law, they have become critical labels that could alter which college programs get more federal aid. For example, under the new plan, student borrowers in a graduate program will be limited to $20,500 per year or $100,000 total, whereas those enrolled in a professional program will be able to borrow more than double that.

    And while lawmakers on Capitol Hill gave the department a foundational definition of what qualifies as professional in the bill, it’s up to Education Under Secretary Nicholas Kent and the negotiated rule-making advisory committee to write rules that detail how that definition will work in practice. (The committee is scheduled to meet for another weeklong session in November, and only after that can the department finalize its proposal and open the floor for public comment.)

    Some university lobbyists and career associations want the department to include more programs in the professional bucket and make a comprehensive list of those that qualify. Others recommend using a broad definition and then letting institutions sort the programs. Consumer protection advocates, however, are urging the department to stick to the original, more narrow definition in an effort to prevent greater levels of student debt.

    The department’s initial proposal, released this week, stuck largely to the 10 programs cited in the existing definition but added a catch-all clause to add “any other degrees designated by the Secretary through rulemaking.”

    To Clare McCann, a former Education Department official and now managing director of policy for the Postsecondary Education and Economics Research Center at American University, the initial proposal shows that the department doesn’t quite know how it wants to define a professional program.

    “This is a really complicated issue,” she said. “So it seems clear to me that the department is planning to use this first session to gather ideas and feedback but is not planning to come to the table with a real proposal of its own.”

    Further complicating the issue, McCann and others say, it’s going to be difficult for the department to finalize its rule fast enough to give students and institutions enough time to prepare. (Currently, the new loan caps are slated to kick in as of July 1, 2026.)

    As McCann explained, the earliest colleges and universities could expect to see a proposed rule—let alone a finalized one—would be later this fall. And at that point, many prospective students have already started receiving acceptance letters.

    “There will be many people making decisions about whether and where they’re going to graduate school, and they’ll be doing that in a vacuum, without final rules about what they’ll be able to borrow and how they’re going to be able to repay it,” she said. “So this whole regulatory process is going to be an incredible time crunch.”

    Current Definitions

    The current definition of “professional,” which is laid out in the Higher Education Act of 1965, states that in order to qualify as professional a degree must signify that a student has the skills necessary beyond a bachelor’s degree in order to practice a specific profession.

    Later it adds that “professional licensure is also generally required,” and provides a short but nonexhaustive list of programs that could fit the bill, including: pharmacy, dentistry, medicine, osteopathy, law, optometry, podiatry, veterinary medicine, chiropractic medicine and theology. (That list served as the foundation for the department’s proposal.)

    Some groups, like the National Association of Independent Colleges and Universities, made clear in their public comments that they interpret this definition to be an intentionally “flexible” and “inclusive approach.” And based on that, they encouraged the department to maintain a broad definition and allow institutions to self-certify their programs with periodic review from the department.

    Jordan Wicker, the senior vice president of legislative and regulatory affairs at Career Education Colleges and Universities, a lobbying group for for-profit institutions, added that the economy and higher education landscape are constantly evolving—pointing to the need for a broader definition.

    “I don’t know that you want to re-regulate a comprehensive list any time curriculums or programs change,” he told Inside Higher Ed.

    Others, including the American Council on Education, agree that the interpretation should be broad but say the best way to ensure that is the case is by creating a more complete list of eligible programs. “At the very least,” ACE said in its comment letter, the list should include dozens of clinical and health science programs highlighted under an existing regulation known as financial value transparency. On top of that, it also urges the department to include about 15 additional programs, including architecture, accounting, social work, education and word languages.

    Halaevalu Vakalahi, president of the Council on Social Work Education, agreed, arguing that many programs like hers meet the current definition.

    “We’ve always identified ourselves as a profession,” she said. “There’s licensure, there’s accreditation—all of the things that we have as part of the social [work] profession are also in the list that currently exists on what is a profession.”

    But Third Way, a left-of-center think tank, drew the exact opposite conclusion, arguing that Congress intended for the definition to be stringent and address “unnecessary student debt.” (Graduate student debt accounts for nearly half of the student loan portfolio, raising concerns for lawmakers and advocates.)

    “While this list is not exclusive, Congress did not indicate that it intended to include any other fields in crafting the OBBBA loan limits,” senior policy adviser Ben Cecil wrote in a recent blog post about the distinction. “By codifying this list as written, the Department can best enforce the legislative intent of ensuring that students aren’t overborrowing for graduate school and have manageable debt compared to their program’s earnings.”

    High-Stakes Talks

    With the different proposals on the table, those interviewed agreed that it will be rather difficult for the committee to reach consensus. If the committee doesn’t reach an agreement, the department is free to interpret the definition cited in OBBBA however it wants.

    McCann from PEER, who worked at the department during the Obama and Biden administrations, said that until she starts to see the debate play out, it’s hard to know which approach will win. But no matter what, she added it will likely be an uphill climb.

    “It’s a challenging issue for negotiators, and there are a lot of competing interests with pretty high stakes attached,” she said. So “this is going to be a difficult committee on which to get that kind of agreement.”

    Todd Jones, president of the Association of Independent Colleges and Universities of Ohio and a former Republican staffer in the department, said that he expects the Trump administration will lean toward a more narrow definition if the committee doesn’t reach consensus. At that point, he added, it will be up to the individual types of programs to lobby for why they should be added to the list.

    “The question is, what has the administration already decided that they are going to give on?” Jones said. “And the things I’ve heard while I was in D.C. over the past few months indicate that there may not be support for some of these social science higher degrees being considered professions and instead simply being considered master’s.”

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  • Beware the sharing issue in the depths of the higher education iceberg

    Beware the sharing issue in the depths of the higher education iceberg

    If you’re a proper Eurovision Song Contest loser like me, you look forward each year to the crowdsourced fansourced compilation of the season’s Iceberg.

    On the surface is the stuff you figure that “normal” casual Saturday night viewers will notice – like the considerable coverage afforded to Malta’s entry this year, which involved its artist Miriana Conte attempting to argue that her song “Serving Kant” really meant “serving song”.

    Then several layers below sea level there’s things like the news that Sasha Bognibov – who has entered the Moldovan selection several times with a series of increasingly creepy entries – had died of a heart attack, only to come back alive a few days later.

    “Icebergs of ignorance”, as they’re officially known, were originally invented by a Japanese management consultant in the 80s. Sidney Yoshida’s keynote at the 1989 International Quality Symposium in Mexico had described his research on a car manufacturer named Calsonic – where he’d found that senior managers at the firm only saw about 4 percent of the issues, with the bulk hidden at lower levels.

    And like an iceberg, most of the danger lies beneath the surface – with supervisors and frontline staff far more aware of the everyday challenges. In theory it all highlights the need for stuff like open communication, feedback loops and genuine staff voice – so decision-makers aren’t steering blind.

    Under the surface

    I’ve long been fascinated by the way the concept might apply in a university. Plenty of senior leaders might take the view that the cultural (and now regulatory/legal) protection afforded to academic staff saying critical things on social media on everything from workload to the travel booking system means very little is below the surface – but my guess is that that can breed complacency about the things that people don’t say out loud.

    From a higher education sector and public perception point of view, we might interpret new research from the Policy Institute at King’s and HEPI in a similar way – an iceberg of misunderstanding where the surface-level chatter obscures the submerged reality.

    The public apparently overestimate graduate regret, assumes that nearly half of graduates feel crushed by debt when only 16 per cent say so, and underestimate higher education’s economic heft. And like Yoshida’s managers, the danger isn’t so much ignorance of the big headlines as it is the quiet accumulation of false assumptions beneath the surface – gaps in knowledge that, if unchallenged, steer the national conversation off course.

    But it’s the big financial crisis in the sector where I keep thinking most about the Iceberg. Above the surface, to the extent to which the issue is “cutting through”, it’s the prospect of a provider going under that the press seem really keen to report on. Every other day one of us at Team Wonkhe will get a message from journo or other asking us who might be on the brink, presumably because stories like this in the i Paper (“At least six unis at risk of going bust before 2025 freshers finish their degrees”) get clicks.

    Just below the surface (for me at least) is what’s happening to student demand (or, more accurately, supply) – a process that seems to be converting “high”, “medium” and “low” tariff group categories into “medium”, “low” and “has a pulse” as each day of Clearing 2025 goes on.

    The next level down for me is redundancy rounds and telegraphed cuts. They definitely sound bad – especially if a course closes. But if they result in 24 hour library becoming a 15 hour one, or the optional electives on an undergraduate degree being slashed, they seem be harder to pin down and understand – and often aren’t being picked up and protected by consumer law, complaints or Student “Protection” Plans.

    The worst of all of that, at least so far, has been down the bottom end of the league tables – although journos hoping for an actual collapse may find that the realities of processes like endless cost-cutting remain buried at the bottom of the iceberg because of the amount of debt that everyone’s in.

    A small provider like Spurgeon’s can fall over because the banks aren’t expecting millions to be repaid on shiny buildings – big universities extended in that way are likely to be able to renegotiate because banks like being paid back, albeit in a way that effectively surrenders the already shaky illusion that the Board of Governors is in control to a shadow board of bankers insisting on deeper and deeper cuts to students with the least social capital and confidence to complain about them.

    We need a shrink

    What then manifests is the scourge of shrinkflation. You know the idea – when the Quality Street tubs appear in the supermarket in September, you’re only minutes away from a national newspaper pointing out that there’s two fewer toffee pennies in this year’s tub of 525g than last year. I mean have you seen how small a Freddo is these days?

    The problem for students is that this stuff is hard to spot and even harder to enforce rights over. It is simply not possible to lose the number of academic staff that the sector has lost over the past two years and for providers to not be in breach of contract – promises have either been broken, or the contract itself gives a university too wide a discretion to vary, or it doesn’t and the risks of not making the cuts are greater than the risks of a handful of students having the energy to complain.

    And when the big red flags from the Office for “Students” are about financial sustainability with the odd askance murmur about finding efficiencies in a way that protects the student experience, it’s not as if the regulatory environment is doing anything other than egging on the shrinkflation. You’re only going to get inspected on the provision by OfS if your outcomes are terrible, and it seems to have all but given up doing inspections anyway.

    Will a student enrolling onto a three year degree get the course they were promised in two years time? I’ve no idea, and all OfS can offer in protection terms is “let’s hope you paid your fees on a credit card because you might be able to get the credit card company to do a chargeback”.

    Every year I get taken in by a fresh promise that OfS will actually enforce the stuff about broken promises. Almost a year ago to the day Director for Fair Access and Participation John Blake turned up at an SU staff conference to declare that he’d heard students worried about being promised one thing and getting another loud and clear. What he didn’t say was that a full year on, its new definitions of “fairness” will only apply to students in newly registered providers – with no sense of when “fairness” might be a thing for everyone else.

    Deep down

    But the temptation would be to assume that the harms of where we are are exclusively in those layers already mentioned. For me, right down at the bottom of the Iceberg – for the public, regulators and students themselves – is the sharing problem.

    I often lament that being in a university library in certain weeks of the year is like being on a short-formed Cross Country train with no air con on a Bank Holiday Monday when the service before it has been cancelled. There’s nowhere to sit, everyone is very tense, and there’s a real sense that an actual fight might break out between two otherwise polite members of the public over a seat reservations issue.

    There’s always an idiot with their bag on a seat, the catering trolley can’t get through, and the wheelchair user finds themselves yelling at those with suitcases because they’ve been plonked in the space for chairs at the end of the carriage. It’s carnage.

    Over the years, I’ve often skim-read commentary from financial and management consultant types that “one less international PGT means needing to recruit two home students”, as if the only thing that matters is the overall financial target rather than having enough of everything for the students being recruited.

    What I (almost certainly naively) never expected is that it pretty much is panning out like that at the top end of the tables – and while there’s debates to be had about acquisition costs, suitability for a course and/or culture, market instability and the loss of “local” options and choice, the thing that worries me most of all is the sharing thing.

    Let’s imagine – hopelessly simplistically, I know – that some universities are indeed setting a financial target regardless of the number of students that would involve recruiting. As part of that, let’s imagine that these are universities more likely to recruit students living away from home. If 1 x PGT becomes 2 x UG, are there enough bed spaces in the city?

    Enough is enough

    Enough books in the library? Enough marking capacity to hit the 2 week turnaround pledge? Enough sockets for laptops when everyone’s in at once? Enough spaces in seminar rooms to avoid students sitting on the floor? Enough counselling staff to cope when that extra intake tips more students into crisis? Enough careers support to avoid queues that make the whole thing feel tokenistic rather than transformative?

    Enough quiet corners for those who can’t concentrate in noisy shared flats or packed libraries? Enough placements to go around when professional courses all need them at the same time of year? Enough personal tutor appointments to avoid the system becoming decidedly impersonal? Enough contact with actual academics rather than a carousel of casualised staff? Enough eduroam bandwidth when every lecture, seminar, and social is streaming at once? Enough student housing that isn’t mouldy, miles away, or eye-wateringly expensive?

    “Enough” is already pretty subjective – and itself subject to wild differences between subject areas on campus in a way that makes it hard to not always spot someone (probably an international PGT in the Business School) who’s worse off. Even if they knew they could and even if they were minded to, it’s pretty hard for a student to argue that something that is still there and was always shared is being stretched a little too thinly now.

    And this sort of thing almost always manifests in conflict between students rather than pinning the blame tail on the university donkey – see our dismal debates about things like NHS access and immigration for a classic example.

    It’s not even as if the regulator doesn’t understand. John Blake again, a year ago:

    When the 2012 number controls were abolished, there are institutions that literally doubled in size overnight… I don’t know that the answer is us saying, no, you can’t have your students, or you have to do this. But I think there’s definitely scope for us thinking about what the obligation of institutions is to have discussions with their local community about where their students are going to go, because it’s clearly not sustainable for every institution to double itself overnight in small places.

    See also everything else about a university experience that, by definition, involves sharing things.

    Swear words

    It remains the case that it’s almost as bad to sing the uncensored version of Miriana Conte’s Eurovision entry in a church as it is to even gently propose some student number controls. And even though one of the least publicly resisted immigration rules is not a cap but a “if you want more CAS, you have to think about whether you have the capacity” (maybe because it’s never been meaningfully or publicly enforced by UKVI), people even seem to be nervous about suggesting something like that for home students.

    I’ve said it before and I’ll say it again – higher education is an endeavour that is profoundly unsuited to very rapid expansion and very rapid contraction at programme, subject and institutional level. But the biggest mistake of all would be to focus on the end of the league tables where the impacts of contraction are closest to the Iceberg’s surface.

    Cramming tens of thousands more students into the cities of the (not so) high tariffs may well be just as damaging, all while the tone of their recruitment relationship – “you’re lucky to be here” – reduces the chances of students doing anything other than the HE equivalent of putting your head down, crouching next to the toilet and staring at your phone for three gruelling hours. Or, in HE’s case, years.

    It’s really not hard this one. You want to expand your student numbers by more than 5 per cent in a subject area? Publicly consult on how you’ll do it – including the results of conversations with staff, students, the local community and local providers, and you’re on. Imagine suggesting out loud that doing some planning to ensure more students doesn’t mean a worse experience would represent a regulatory “burden”.

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  • Shocking Cancellation of a Special Journal Issue (opinion)

    Shocking Cancellation of a Special Journal Issue (opinion)

    Rumors are swirling about the extent to which Harvard University will acquiesce to the Trump administration’s attempt to crush institutions of higher education. Until very recently Harvard was being publicly lauded for standing up to the government. Reports that Harvard may be willing to pay a sizable financial settlement to resolve legal accusations that it allowed antisemitism and promoted diversity policies were shocking to many. But the university’s purported resistance to government overreach already had a glaring exception—Palestine—and we as scholars who work on the subject have recently experienced it firsthand.

    The Harvard Educational Review was set to release a special issue this summer focusing on education and Palestine. The topic, commissioned in early 2024, was timely in the wake of Israel’s onslaught on Gaza, which rights groups and other experts have concluded is a genocide, and aligned with the journal’s commitment to publishing research that tackles the most pressing issues facing education. The articles had been accepted, edited and contracted. The special issue had already been promoted at major education conferences and on the back cover of the spring issue of the HER. But suddenly, Harvard pulled the plug.

    As recently reported in The Guardian, the Harvard Education Publishing Group (HEPG), which publishes the Review, abruptly and unilaterally decided to cancel the forthcoming special issue.

    We wrote one of the articles that was supposed to be published in the special issue. Our article, one of 10 slated for publication, focused on the experiences of Palestinian teachers during the Lebanese civil war. But in May, as the special issue was nearing publication, we were surprised to find out that HEPG wanted to submit the entire issue to Harvard’s Office of the General Counsel for an exceptional and last-minute “risk” review. Articles had already been through the regular publishing process and were under contract. At no point to our knowledge had any “risk”-related concerns been raised about any of them. An additional review was therefore well outside the realm of routine practice.

    Alarmed by this move and the dangerous precedent of subjecting academic scholarship to vetting by university lawyers, all authors in the special issue organized and expressed unequivocal refusal to this additional review in a letter sent to HEPG.

    After we expressed our refusal, HEPG went radio silent for almost a month. And then it canceled the whole issue, only then claiming that there were problems with copyediting and its internal process. But procedural claims have often been leveled to silence speech, especially when it comes to Palestine. Whatever concerns about the process, there is no justification for the cancellation of the entire special issue. HEPG’s decision is yet another example of the “Palestine exception” in action: the term used to describe how seemingly liberal institutions restrict freedom of expression when it comes to Palestine.

    Given the timing of HEPG’s decision—which aligns with the Trump administration’s weaponizing of Title VI of the Civil Rights Act—this seems to be the logical outcome of a political climate that has promoted sweeping claims of antisemitism to attack student protesters and higher education institutions, including Harvard. In this climate it seems far more likely that HEPG opted for censorship over academic freedom.

    Of particular concern is Harvard’s recent adoption of a problematic new definition of antisemitism. That definition, proposed by the International Holocaust Remembrance Alliance (IHRA), has been roundly criticized by experts—and one of the authors of the definition—for equating critiques of the state of Israel with antisemitism. This conflation makes it harder to speak out against Israel’s actions and policies toward Palestinians and easier to victimize Palestinians. Harvard is not alone in this action.

    Even before Israel’s latest brutal onslaught of Gaza, scholars writing and advocating for Palestinian rights confronted the limits of liberal empathy for Palestinians in the form of tenure denials, censored freedom of speech, doxing by pro-Israel groups and even death threats. But the repression of knowledge production and freedom of speech on Palestine has escalated since October 2023. U.S. universities and colleges (including Harvard) have canceled events that center Palestinian rights, attempted to censor scholarship, forcibly suppressed student protests against Israel’s actions in Gaza and beyond, and dismissed faculty over Palestine-related programming.

    Still, the scrapping of this special issue marks a worrying escalation. It suggests that even those universities that are outspoken about their liberal values are ready to stifle academics’ legitimate criticism of Israeli policies and practices. Make no mistake: Anticipatory censorship of this kind is a hallmark of the governmental overreach that authoritarian regimes around the world are known for. As a growing number of higher education institutions adopt the IHRA definition of antisemitism, we fear we will see more and more examples of the suppression of academic freedom.

    The consequences of this extend far beyond the academy. As the death toll in Gaza exceeds 60,000 and young people there face a third year without education amid ongoing bombardment, blockade and starvation, knowledge, debate and democratic action are essential to preventing the kind of horrors that are unfolding in Gaza today.

    Thea Renda Abu El-Haj is a professor of education at Barnard College, Columbia University. Jo Kelcey is assistant professor of education in the Department of Psychology and Education at Lebanese American University.

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  • Racism everybody’s issue: Commissioner – Campus Review

    Racism everybody’s issue: Commissioner – Campus Review

    Race Discrimination Commissioner Giridharan Sivaraman said all institutions have a responsibility to stamp out racism in his National Press Club address on Wednesday.

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  • “Fix issue with Indian student visas”

    “Fix issue with Indian student visas”

    As student visa backlogs continue to plague US embassies around the world and the start of the fall semester looms, a bipartisan group of 14 lawmakers have urged the US state department to resolve issues with Indian student visas.  

    “As members of Congress who represent research universities, we are concerned by reports from our constituent universities about Indian students who have been unable to obtain visas to continue their education in the United States,” they urged Rubio. 

    Indian students, the largest group of international students in the US, contribute $9 billion annually to the US economy, added the lawmakers, led by Democratic congresswoman Deborah Ross of North Carolina.  

    In a letter sent to the State Department on July 24, the group said they had seen “first-hand” how the contributions of Indian students to science and research “keep our nation competitive”. 

    “We are dismayed at the possibility that many of these bright young individuals may be blocked… from continuing their education and research in the United States,” they continued.  

    Thirteen of the letter’s 14 signatories are member of the Democratic party, with Nebraska representative Don Bacon the only Republican to join the efforts.  

    With classes starting in just over a month, thousands of students… are at risk of missing the start of the academic year

    The letter follows a near four-week suspension of student visa appointments by the state department that began during the peak season for visa processing, causing continued backlogs that remain nearly one month on from the lifting of the freeze. 

    Though backlogs are impacting students across the globe, the congresspeople raised particular concerns about delays at Indian embassies, with the Indian mission website still carrying a warning that the scheduling of visa appointments this summer cannot be guaranteed.   

    The Indian Ministry of External Affairs (MEA) is understood to have taken the matter up with the US Embassy in New Delhi as well as the US State Department, with news of the delays being widely circulated by Indian media.  

    As previously reported by The PIE News, some Indian education consultancies are expecting 80% declines in student levels going to the US, reporting that students are “refreshing their portal everyday” in search of appointments.  

    The largest source market to the US, visa issuance to Indian students saw a notable drop this May, falling by 41% compared to the same period in 2025, with stakeholders fearing that June data will reveal a worsening picture as the full impact of the visa pause takes hold.  

    Across the board, May 2024 data showed a 22% year-on-year reduction in the number of F-1 visas issued. Exchange visitor visas were also down 13%.  

    Appealing to Rubio, the congresspeople emphasised the integral contributions of Indian students to research universities in the US, as well as the wider value of educational exchange: “vital to encouraging collaboration between our nations”.  

    Advocacy efforts are also stepping up in the sector, led by the US for Success Coalition, a national alliance of more than 50 organisations spanning business, education and innovation.  

    “This delay and the resulting backlogs couldn’t have come at a worse time,” said Jill Welch, spokesperson for the coalition. 

    “With classes starting in just over a month, thousands of students – particularly from high-demand countries like India – are at risk of missing the start of the academic year,” Welch said.  

    The coalition highlighted the widespread consequences of the visa backlogs. If students are barred from entering the US, it could jeopardise the country’s position as the leading destination for global talent, with ripple effects touching local economies and long-term implications for scientific research. 

    “When we close doors – intentionally or by bureaucratic delay – we send a clear message to the world: that the US may longer be the destination of choice for the best and brightest,” it said. “That is not just a lost opportunity; it is a strategic risk”.  

    The alliance has called on the State Department to immediately “surge” resources to process new and returning international student visas and ensure there is interview capacity in high-demand countries.  

    Referring to Rubio’s new rules around social media vetting, it called on the department to prioritise both security and efficiency, “so that screening processes do not become barriers to opportunity”. 

    “For every three international students, one US job is created or sustained,” said the coalition, citing their annual economic contribution of nearly $44bn annually.  

    What’s more, “they are ambassadors of democracy and American values creating allyship between the United States and other countries,” they said, highlighting the value of people-to-people exchanges in ensuring the country’s national security. 

    The increasingly challenging visa policy landscape is already having an impact on student interest, with young people increasingly turning to other destinations, namely the UK.  

    Sector leaders are calling for “immediate action” to prevent the worst damages while there is still time before the full extent of declines become clear in September.  

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  • For some, the heat is an access issue

    For some, the heat is an access issue

    When you think about the accessibility and inclusivity of our learning and working environments, does temperature come to mind?

    Discussions about temperature can be complicated because they are quickly confused with preference, meaning that by raising the issue someone risks being viewed as selfish or fussy.

    But let’s think of this another way for a moment. I love nuts – others might not like them. But still others are allergic to nuts and could be made seriously ill by them.

    The same principle is true about temperature – you might have a preference for warmer or cooler temperatures, but only at extreme levels would this preference become a health issue.

    But for colleagues and students with a wide range of health conditions, even small temperature changes are a health issue.

    Temperature as an EDI issue

    I am surprised how hard it is to find information that openly discusses temperature as an EDI issue. There is widespread information discussing employers’ legal responsibility to provide a safe working temperature – articles about the harmful effects of extreme temperature on health and the likelihood of this increasing due to climate change.

    However, discussions about how smaller workplace temperature changes can have a disabling effect now is generally hidden on pages relevant to specific groups or health conditions.

    By smaller temperature changes, I am referring to apparently inconsequential things like walking, moving between spaces (e.g. outside to inside or between rooms) or the crowded rooms.

    Many people would adapt to these situations automatically e.g. taking off a jumper. However, for others these small everyday increases or decreases in temperature require planning, and can cause anxiety and significant discomfort or health impact.

    Menopause awareness discussions are leading the way in voicing the impact of workplace temperature and employer responsibility. Research highlights the prevalence of heat-related issues linked to menopause and the importance of the ability to control local temperature to help manage symptoms in the work environment.

    Significantly, however, studies also voice the shame individuals encounter in living through this normal and widespread experience in the workplace:

    I spent most of my time when I used to work with my head in a fan and colleagues laughing at my hot flushes. It was too hot in the office for me and I felt hot sweaty and embarrassed all the time.

    However, menopause is far from the only reason a small temperature change might have a significant impact on health and wellbeing. Many health conditions are also affected.

    The correlation between temperature and exacerbation of symptoms is perhaps particularly unsurprising with multiple sclerosis – before MRI scanners, observing a patient’s functioning in a hot bath was a key part of the diagnostic process.

    Likewise, the MS Trust states that 60-80 per cent of people with MS find symptoms worsen with even small changes in temperature. As Jennifer Powell succinctly puts it:

    Heat is kryptonite to anyone with multiple sclerosis.

    What exactly does ‘worsening symptoms’ mean for someone with MS? It might include a deterioration in mobility, balance, vision, and brain functioning:

    “Heat makes my nervous system act a bit like a computer with a broken cooling fan. First it acts a bit strange, then programs start crashing and then you get the dreaded ‘blue screen of death’ when all you can do is switch off for a while then start all over again when things have cooled down.

    It may also trigger or exacerbate nerve pain ranging from itching or numbness to stabbing or electric shock sensations. This is a far cry from preference.

    But again, MS is not the only health condition affected by small changes in heat. When you start to scratch the surface, the range of conditions that may be affected is startling. They include circulatory, rheumatological (e.g. Lupus, rheumatoid arthritis), mental health, neurological (e.g. spinal damage) and neurodevelopmental (e.g. autism) conditions.

    Sometimes it is the treatment, rather than condition itself, that causes difficulties with temperature regulation.

    As well as the chemotherapy causing difficulties with temperature regulation, Rebekah Hughes describes how it triggered early menopause. She also raises the important point that hot flushes affect individuals differently – for some they might be barely noticeable, for others they severely impact daily life. We need to allow space for differences in individual experience.

    What is the cost of ignoring this issue?

    From the discussion so far, we can clearly see that temperature affects some staff and students’ experience of normal day-to-day work and study, and impacts their health, wellbeing and sense of belonging. It may also impact performance in high-stakes events.

    Typical academic high-stakes events include assessed presentations, interviews, conferences and exams. They often cause temporary stress, which may cause small increases in body temperature.

    Individuals usually have reduced personal control to make their own adaptations in these contexts. This raises important questions about the inclusivity of our assessment, recruitment and professional development opportunities. These activities are gatekeeping moments in an individual’s academic and professional journey. However, there is a strong case that the activities and the environments in which they take place may have an unrecognised, yet substantial and possibly disabling, impact on some due to hidden temperature factors.

    Next steps?

    We might be left thinking that this is an impossible situation – some people need warmer working conditions, others cooler. We might be afraid to start a conversation about temperature for fear of opening a can of worms. However, we do well to remember that some individuals are affected by multiple health conditions – some that make them susceptible to heat, others that make them susceptible to cold. They have to find a way to manage this complexity, and if we are committed to EDI, we must too.

    Moreover, the first step is not to try and jump to a quick-fix solution. Instead, we simply need to be aware that this hidden issue might be affecting a surprising number of our students and colleagues.

    We need to continue to develop a compassionate campus culture where colleagues and students feel safe to share the challenges they face and the strategies that help, and a space where they will be heard.

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  • Seven free speech groups issue a call to oppose Trump’s First Amendment violations… Why aren’t there more? — First Amendment News 471

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

    There’s some very weird, strange and dangerous shit going on out there right now. In America, they are persecuting people for using their right to free speech and voicing their dissent. This is happening now. — Bruce Springsteen (May 14)

    Was “the Boss” being partisan there? Donald Trump thought so:

    “This dried out ‘prune’ of a rocker (his skin is all atrophied!) ought to KEEP HIS MOUTH SHUT until he gets back into the Country, that’s just ‘standard fare.’ Then we’ll all see how it goes for him!”

    Just goes to show that there are two sides, both of them “partisan.” The singer has his partisan views, and so does the suppressor. We just need to chill, get along, and hear both sides. Ah yes, a Kumbaya embrace — yuck!

    The ‘Big Chill’

    Do you remember those “nonpartisan” folks who were so outraged by what was going on in the cancel culture world of college campuses? How they lamented the way the censorial mindset was choking the First Amendment? Oh, those First Amendment champions were so incensed.

    And fair enough, things were wildly out of control and those liberals responsible for supporting or allowing such censorship had to be called out. Again, fair enough. Of course, those who tolerated college censorship (dare I say “liberals”?) are now livid by what is going on. Rightfully so.

    But where are those guardians of free speech (dare I say “conservatives”) now? When never a day goes by when the Trump administration does not abridge the First Amendment with wild abandon?

    Censorship is censorship!

    Given where we are today, I’m tired of such rhetorical gaming. Censorship is censorship, period! The hell with the thinking that one must walk on “nonpartisan” eggshells before speaking too loudly or too often against censorship when it is as constant as it is today under this administration.

    Take heed: It was not partisan to boldly condemn John Adams or Woodrow Wilson or Joseph McCarthy for their crusades of suppression. And it was not partisan to call out their supporters who sat silently in the face of such tyranny. In such a world, there are not “two sides” such that the likes of Bill Maher could dine with “nonpartisan” delight with a “measured” opponent of free expression.

    Seven free expression groups speak out — Yes!

    Thus, I was delighted to learn that seven groups had written an open letter to “universities, media organizations, law firms, and businesses” to stand up against the “Trump administration’s multi-front assault on First Amendment freedoms.”

    Before I say more, let me quote from the timely and important open letter that these seven groups just released. First this: “In little more than 100 days, President Trump and the agencies under his control have threatened First Amendment rights through a breathtaking array of actions.”

    After that introduction, they listed an indictment of free speech abridgments, and in a style reminiscent of the indictment in the Declaration of Independence, they have delineated specific things the administration has done (I have added bullets to their text):

    • They have sought to control speech and association by imposing unconstitutional conditions on a wide range of federal grantees and contractors.
    • They have sanctioned lawyers for their representation of people whom the president views as political enemies.
    • They have arrested, detained, and threatened to deport international students — including lawful permanent residents — solely because of their participation in lawful political protest.
    • They have purged crucial datasets from government websites, gutted agency offices responsible for compliance with the Freedom of Information Act, and imposed new and indefensible restraints on public employees’ right to speak on matters of public concern.
    • They have invoked civil rights laws to justify extensive and unwarranted intrusions into universities’ autonomy and academic freedom.
    • Resurrecting a policy introduced during President Trump’s first term, they have barred legal scholars from providing information and expertise to the International Criminal Court.
    • They have banned the Associated Press from the White House press pool because it declined to update its stylebook to refer to the Gulf of Mexico as the “Gulf of America.”
    • Books have been removed from U.S. military service academy libraries, and other federally operated educational institutions, because they do not conform to the administration’s ideological preferences, and federal funds are being used as a cudgel to censor curriculum and promote the administration’s viewpoints in schools.
    • The Federal Communications Commission has threatened to revoke the licenses of television and radio networks and stations whose reporting the administration disfavors.

    As Professor Timothy Zick has so ably documented, the Trump administration’s assault on free expression is unprecedented. The following assessment from the seven groups echoes what is reliably set off in detailed form in Zick’s repository over at First Amendment Watch:

    There have been other times in our nation’s history that witnessed sustained and misguided efforts to suppress speech. All of our organizations have opposed both Democratic and Republican administrations when they abridged First Amendment freedoms — as all of them, at various points, have done. But we share the view that the Trump administration’s actions, taken together, represent an extraordinary and in some ways unprecedented challenge to First Amendment rights and the values they embody [emphasis added]. These actions call for a forceful, uncompromising response. Some institutions have countered in exactly this way, to their credit.

    Where the hell are other free speech groups and individuals? 

    Against that backdrop, I ask: where the hell are all those other groups, who when it came to campus censorship were so outspoken in defense of free expression? Why don’t they have their own open letters? Why are so many of those groups not openly endorsing the courageous assessments of those who, like Judge Michael Luttig, condemn the tyranny that is Trump? Too many conservative and liberal groups are afraid to speak out, afraid to put their names on the line. 

    Judge Michael Luttig at a confirmation hearing

    Judge Michael Luttig

    What we are witnessing today is a BIG CHILL effect of enormous magnitude. Some liberals (in law firms, universities, think tanks, and elsewhere) are afraid to speak out, lest they be attacked by one of the president’s executive orders. By the same token, some conservatives are afraid to speak out (on their blogs or elsewhere) for fear that they will lose stock in their ideological world, or fall victim to Trump’s wrath.

    Bottom line: Tyranny is tyranny, and condemning it is not partisan — it’s American!

    Recent samples of the BIG CHILL in suppressive operation

    Related:

    The decision by nine of America’s biggest law firms to “bend the knee” to President Trump drew condemnation among lawyers across the political spectrum, including from attorneys inside the firms who quit or launched resistance campaigns. Others have chosen a less career-limiting form of rebellion.

    That would be offering leaks to Above the Law, a pugnacious legal industry website best known for scoops about law firm annual bonuses, snarky coverage of legal news and salacious stories of barristers behaving badly. But since March, when Mr. Trump began targeting for retribution top law firms whose clients and past work he does not like, Above the Law has become a rage read for lawyers incensed at the firms that accommodated him.

    Fueled by a stream of inside-the-conference-room exclusives, Above the Law delivers a daily public spanking to what it calls “The Yellow-Bellied Nine.” Those are the elite firms that pledged a collective $1 billion in free legal work to Mr. Trump after he signed executive orders threatening to bar their lawyers from federal buildings, suspend their security clearances and cancel their government contracts.

    Coming next week on FAN: Timothy Zick on institutional independence and democratic backsliding

    Although the Trump Administration’s agenda regarding freedom of expression can appear chaotic, one consistent strategy has been attacking institutions that are essential to checking executive power. It is no accident that many of President Trump’s Executive Orders and the agency actions they direct have targeted the media, universities and faculty, law firms, libraries, and museums. These and other entities are sometimes referred to as “First Amendment institutions” or “knowledge institutions,” because they contribute to and facilitate public discourse and are necessary to a free and open society.

    ‘[Re]Distributed for Conference’ — SCOTUS mantra in some First Amendment cases

    Apparently, the Justices are so overworked with all the Trump emergency appeals that they have to continue to pause on what to do with some of the First Amendment cases on their docket. For example, consider the following petitions:

    Jessica Levinson on Comey, protected speech, and DOJ investigation

    Professor Jessica Levinson of Loyola Law School

    Professor Jessica Levinson

    Questions are swirling following the launch of a federal investigation into former FBI Director James Comey over a now-deleted social media post of seashells arranged in the numbers “8647” on the beach. (“Eighty-six” is commonly understood to mean “get rid of.” President Trump is the 45th and 47th President of the United States.) Was Comey calling for the assassination of Trump? Or was he, as he has since stated, expressing a political opinion about Trump?

    If Comey’s post amounted to a siren song, beseeching others to kill the president, he can be punished for his speech. But should Comey’s post be viewed as political advocacy, which I argue it should, he is entitled to the full protection of the First Amendment.

    The genuine threat is not that a president’s life is in danger, but that the Trump administration is attempting to silence the speech of political adversaries. Even if it is unlikely that Comey faces anything more than a slap on the wrist for his post, the decision to open an investigation in and of itself should be worrisome. Comey has access to the media and resources to defend himself. Not everyone does. And the prospect of chilling political speech critical of government officials should concern all of us.

    Statement from the Institute for Free Speech on party coordination limits

    The Institute for Free Speech commends the Department of Justice’s decision in National Republican Senatorial Committee v. FEC to acknowledge that federal limits on coordinated expenditures between political parties and their candidates violate the First Amendment. In a dramatic and unusual shift, the DOJ is now asking the Supreme Court to overturn its 2001 decision in Colorado Republican Federal Campaign Committee v. FEC (Colorado II).

    “The Solicitor General’s recommendation that the Court grant the petition is a commendable move that acknowledges the First Amendment flaws in these limits,” said Institute President David Keating. “As we argued in our amicus brief, the factual basis underpinning Colorado II has been proven wrong by real-world evidence.”

    The Institute’s brief demonstrated that over half the states allow unlimited party coordination, including 17 states that also restrict individual contributions—yet there is no evidence of these arrangements leading to corruption. The DOJ’s brief now acknowledges this reality, recognizing that the law represents a “prophylaxis-upon-prophylaxis approach” that fails heightened First Amendment scrutiny.

    “When more than half the states manage to operate elections without restricting coordinated party expenditures and without giving rise to any relevant quid pro quo corruption, it is hard to believe that the law is ‘necessary to prevent the anticipated harm,’” noted the Institute’s brief.

    The NRSC case challenges federal limits on how much political parties can spend in coordination with their candidates under 52 U.S.C. 30116(d). These restrictions severely burden the core function of political parties—to support and promote their candidates.

    [ . . . ]

    To read the Institute’s amicus brief in the case National Republican Senatorial Committee v. FEC, click here. To read the Solicitor General’s just-filed brief, click here. To read Institute Senior Attorney Brett Nolan’s expert analysis on the Sixth Circuit’s decision in NRSC, click here.

    Claim: The ‘deluge of pornography has had a negative impact on modern society’

    Christine Emba of the American Institute for Boys and Men Images

    Christine Emba

    It’s hard not to see a connection between porn-trained behaviors — the choking, slapping and spitting that have become the norm even in early sexual encounters — and young women’s distrust of young men. And in the future, porn will become only more addictive and effective as a teacher, as virtual reality makes it more immersive and artificial intelligence allows it to be customizable. (For a foretaste of where this might end up, you can read a recent essay by Aella, a researcher and sex worker, on Substack defending A.I. child porn.)

    In her new book “Girl on Girl: How Pop Culture Turned a Generation of Women Against Themselves,” Sophie Gilbert critiques the mass culture of the 1990s and 2000s, noting how it was built on female objectification and hyperexposure. A generation of women, she explains, were persuaded by the ideas that bodies were commodities to be molded, surveilled, fetishized or made the butt of the joke, that sexual power, which might give some fleeting leverage, was the only power worth having. This lie curdled the emerging promise of 20th-century feminism, and as our ambitions shrank, the potential for exploitation grew.

    [ . . . ]

    [W]hile Ms. Gilbert is unsparing in her descriptions of pornography’s warping effect on culture and its consumers, she’s curiously reluctant to acknowledge what seems obvious: Porn hasn’t been good for us. While her descriptions of the cultural landscape imply that the mainstreaming of hard-core porn has been a bad thing, she pulls her punches.” (emphasis added)

    Forthcoming scholarly essay on ‘Fascist Government Speech’

    Professor G. Alex Sinha of Hofstra University

    Professor G. Alex Sinha

    On the day he was sworn in for a second term, President Trump issued pardons and commutations to all of his supporters who attacked the U.S. Capitol on January 6, 2021. This sweeping act of clemency gave legal effect to a longstanding grievance: Ever since the attack, which disrupted congressional certification of his 2020 election defeat, President Trump has consistently glorified the attackers and denounced their prosecutors. In defending the clemencies two days after issuing them, President Trump reiterated familiar themes — once more refusing to acknowledge that he lost the 2020 election, celebrating the patriotism of his supporters, and maligning those who pursued their accountability through what became the largest criminal investigation in U.S. history.

    President Trump’s script was so familiar that it obscured a constitutional novelty. For most of the time between the January 6 attack and the subsequent clemencies, President Trump was not the president. He was a private citizen, and his speech about January 6 was protected by the First Amendment even to the extent that it was false or dangerous. But, by noon on January 20, 2025, he was once again President Trump—a government official, speaking on behalf of the government, and thus uttering government speech. Government speech is not protected by the First Amendment, but rather by an evolving set of Court-fashioned rules known collectively as the government-speech doctrine. In an instant, his comments took on an entirely new constitutional cast.

    Ordinarily, this transition would be unremarkable; it occurs whenever a private citizen assumes a governmental role. But, combined with their content, President Trump’s statements — on this subject and many others — create a serious First Amendment problem. His remarks are deeply and distinctly illiberal, calibrated to undermine, falsely, the democratic legitimacy of a previous administration and to rewrite the history of an insurrectionist threat that would have allowed him to maintain power by violent and anti-democratic means. It is fascist speech, which invites wildly different constitutional analysis depending on its source.

    Accordingly, this paper introduces and evaluates the concept of fascist government speech — a category we can no longer afford to ignore. Our First Amendment free-speech rights spring in substantial part from a commitment to self-governance, and the protections that follow generally extend to private fascist speech as part of a forceful commitment to free debate that courts and scholars have long believed would facilitate a robust democracy. By contrast, the basis of the government-speech doctrine is functional necessity, a recognition that our democratic self-governance would be rendered ineffective if the government could not spread its message. That backstory simply cannot justify protecting fascist government speech, which directly undermines the basis for governmental communicative prerogatives. Yet the doctrine, as constituted, ultimately does protect fascist government speech. Worse still, the doctrine operates to abrogate private free-speech claims, a result that is distinctly perverse when the abrogation functions to amplify fascist government speech. This paper therefore argues for significant revision to the government-speech doctrine to blunt the threat of fascist government speech.

    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 470: “Trump’s ‘So what?’ stratagem

    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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  • EEOC and DOJ Issue Technical Assistance Documents on Unlawful DEI-Related Discrimination

    EEOC and DOJ Issue Technical Assistance Documents on Unlawful DEI-Related Discrimination

    by CUPA-HR | March 20, 2025

    On March 19, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) released two technical assistance documents intended to educate “the public about unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.” The two documents aim to inform the public about how civil rights rules and laws like Title VII of the Civil Rights Act of 1964 apply to employment policies, programs and practices, including those labeled or framed as “DEI.”

    Title VII prohibits employment discrimination based on protected characteristics, including race, color, religion, sex or national origin. As the agencies note in both documents, DEI is a broad term that is not defined under statute. The technical assistance explains that DEI practices may be unlawful if they involve an employer or other covered entity taking an employment action motivated in whole or in part by an employee’s race, sex, or other protected characteristic. The agencies emphasize that Title VII’s protections apply equally to all racial, ethnic, and national origin groups, as well as both sexes, and that unlawful discrimination may exist no matter which employees are harmed.

    Technical Assistance Document #1: The EEOC describes what DEI-related discrimination looks like.

    The first document, “What To Do If You Experience Discrimination Related to DEI at Work,” explains how DEI-related practices may manifest as discrimination under Title VII.

    • Title VII bars disparate treatment: Any employment action motivated in whole or in part by race, sex, or another protected characteristic that is taken in the context of the terms, conditions, or privileges of employment may be unlawful.*
    • Title VII prohibits limiting, segregating, and classifying: Any action taken that limits, segregates, or classifies employees based on race, sex, or other protected characteristics in a manner affecting their status or depriving them of employment opportunities may be unlawful. Examples of these practices include the establishment of workplace groups (employee resource groups or employee affinity groups) that limit membership to a protected group or groups, as well as the separation of employees into groups based on a protected characteristic when administering trainings or other privileges of employment. The document makes clear that the latter may still violate Title VII even if the separate groups receive the same training or programming content.
    • Title VII prohibits workplace harassment: Workplace harassment is illegal when it results in an adverse change to a term, condition, or privilege of employment, or it is so frequent or severe to reasonably be considered intimidating, hostile, or abusive. The document explains that DEI training may give rise to a hostile work environment claim and that harassment may occur when an employee is subject to unwelcome remarks or conduct based on protected characteristics.
    • Title VII prohibits employer retaliation: The agencies explain that reasonable opposition to a DEI training may constitute protected activity if the employee provides a fact-specific basis for their belief that the training violated Title VII, and that an employer may not retaliate if an employee participates in an EEOC investigation or files an EEOC charge.

    The document reaffirms that Title VII protects employees, potential and actual applicants, interns, and training program participants. It directs individuals who suspect to have experienced DEI-related discrimination to contact the EEOC “promptly” as claimants have 180 to 300 days to file a claim depending on whether a state or local agency enforces a law that prohibits employment discrimination on the same basis.

    Technical Assistance Document #2: The EEOC answers additional questions about DEI-related discrimination in the workplace.

    The second technical assistance document, titled “What You Should Know About DEI-Related Discrimination At Work,” expands upon the information provided in the technical assistance document discussed above and answers a number of additional questions on how Title VII intersects with DEI-related practices in the workplace.

    Notably, the document addresses questions surrounding employers’ DEI-related considerations of race, sex, and other protected characteristics when the protected characteristic wasn’t the “sole or deciding factor” for the employers’ action. The document states that “race or sex (or any other protected characteristic under Title VII) does not have to be the exclusive (sole) reason for an employment action or the ‘but-for’ (deciding) factor for the action” for there to be unlawful discrimination. Additionally, the agencies explain that workers only need to show “some injury” or “some harm” affecting their terms, conditions or privileges of employment to allege a colorable claim of discrimination under Title VII.

    The document also makes clear that an employer may not justify an employment action simply on the basis that they have a business necessity or interest in “diversity” as Title VII prohibits employers from using business necessity as a defense against intentional discrimination claims. Likewise, the agencies explain that “client or customer preference is not a defense to race or color discrimination” and that “basing employment decisions on the racial preferences of clients, customers, or coworkers constitutes intentional race discrimination.”

    CUPA-HR will continue to monitor for updates related to Title VII enforcement from the EEOC.


    *The terms and conditions of employment include: hiring; firing; promotion; demotion; compensation; fringe benefits; exclusion from training; exclusion from mentoring or sponsorship programs; exclusion from fellowships; selection for interviews (including placement on candidate slates).



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