Tag: limits

  • Virginia enacts ban on school cellphone use, limits on social media

    Virginia enacts ban on school cellphone use, limits on social media

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    Dive Brief:

    • Virginia Gov. Glenn Youngkin recently signed legislation banning cellphone use during school hours for all students. The law makes Virginia the 21st state to ban or limit cellphones in schools, according to a legislation tracker by Ballotpedia. 
    • Starting January 2026, children in Virginia under the age of 16 will also only be allowed to use social media for an hour per day under another law signed by Youngkin in early May. That law, SB 854, mandates that social media companies verify a minor’s age and enforce a time limit of one hour per day for children and young teens.
    • In Florida, a similar — albeit stricter — law passed in 2024 that bans social media use for children under 14 years old hit a roadblock in court. On Tuesday, a federal judge temporarily barred parts of HB 3 from being enforced while the case moves forward, saying that the law’s restrictions are “likely facially unconstitutional.”

    Dive Insight:

    Pushes for bans or limits on cellphone and social media use among children are growing as lawmakers and some advocates note the harmful effects of technology on young people’s mental health and wellbeing.

    In 2024, then-U.S. Surgeon General Vivek Murthy called for social media platforms to display warning labels similar to messages that accompany alcohol and cigarettes. Murthy said at the time that social media is an “important contributor” to the nation’s worsening teen mental health crisis.

    Teens themselves are also increasingly aware of the harmful impacts social media can have on their mental health. A recent Pew Research Center survey of U.S. teens found that 48% said social media has a mostly negative impact on their peers — up 16 percentage points from 2022.

    Laws enforcing cellphone bans in schools have also largely gained bipartisan support in both liberal and conservative-leaning states.

    Upon signing Virginia’s K-12 cellphone ban, Youngkin said in a May 30 statement that “students will learn more and be healthier and safer” under this new legislation. “School should be a place of learning and human interaction — free from the distractions and classroom disruptions of cell-phone and social media use.”

    Research from Common Sense Media finds that 1 in 4 children had their own cellphone by the age of 8 in 2024. A separate study from 2023 also revealed that 97% of teens use their phones to some extent during the school day, and that students were most likely to turn to social media, YouTube or gaming when doing so.

    However, data privacy and cybersecurity concerns are rising alongside states’ efforts to enforce broader social media bans outside of school.

    In the Florida case, Computer & Communications Industry Association and NetChoice v. James Uthmeier, challenging the state’s 2024 social media ban for children, the plaintiffs have alleged the law violates the First Amendment and puts Floridians’ online security at risk. The recent order from Chief U.S. District Judge Mark Walker temporarily prevents the law from requiring those in Florida to provide identification to access social media apps, said NetChoice in a Tuesday statement. 

    “HB 3 violates the First Amendment by forcing all Floridians to hand over their personal data just to access lawful, protected speech online,” NetChoice said of Walker’s order. “It requires websites to collect their users’ sensitive documentation, creating a cybersecurity risk by making private data more vulnerable to hackers and predators.”

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  • Financial sustainability in UK higher education: the limits of self-help?

    Financial sustainability in UK higher education: the limits of self-help?

    • Matthew Howling, Principal Associate at Mills & Reeve LLP, and Poppy Short, Partner at Mills & Reeve, reflect on a February round table discussion amongst university leaders chaired by Nick Hillman of HEPI.

    On 26 February 2025, a group of 18 university leaders, advisors and stakeholders met to reflect on how universities can best position themselves in the current financial climate. The meeting was a follow-up to our joint dinner with HEPI on 10 October 2024 at the Royal Society in London. As we remarked at the time, there was a clear desire to continue the conversation, and the fast-paced and content-rich discussion here was a testament to that desire.

    Our theme was the limits of self-help. Given the current financial headwinds, institutions have been restructuring their activities on an unprecedented scale. However, once the severance schemes, asset sales and course closures have come to pass, will these remedies be sufficient to put institutions back on a sound enough financial footing to continue to serve their students and communities for the longer term? The unspoken and yet resounding understanding across the group was that further and more radical changes are needed across the sector to stabilise the situation.

    What is the role of the private providers in helping to improve the financial health of the sector? Several voices suggested that foreign investment could help to save certain British universities and that the sector needs to be less reticent about such investment. Other participants thought that, while foreign investment might work in the context of smaller providers, it was less likely to be successful when dealing with larger, more complex institutions, particularly those that have a legacy of contracts with trade unions and other stakeholders. It is well known that a number of private providers and foreign investors are waiting in the wings to acquire UK degree-awarding powers from distressed higher education providers if the opportunity presents itself. The sector should be prepared to consider its response to this.

    In a recent HEPI poll, when students were presented with a list of 10 options for what could happen if their own higher education institution were to fall over financially, a takeover by a foreign company was the joint least popular option. Foreign investors would have to work hard to tackle these negative perceptions.

    In some ways, the antithesis of self-help is a forced merger. It was noted that, in other jurisdictions, forced mergers are not as uncommon as might be thought. Estonia, France, Germany and Denmark had all experienced forced university mergers. Is this the direction of travel for the United Kingdom? There was a feeling that, in Wales and Scotland, there was a willingness to consider higher education provision on a more holistic basis than in England.

    In terms of state support, it was felt that the sector had to acknowledge government spending pressures. The evidence of cuts to budgets elsewhere (such as foreign aid) strongly suggests that there will be no chance of further increases to the home undergraduate tuition fee in the foreseeable future and despite the need, other forms of financial help are not expected.

    If government funding will not be forthcoming, the other obvious source of funds is existing lenders. Participants observed that, while sector borrowing was high, much of the recent debt taken on by providers was in the form of revolving credit facilities (which provide short-term funds up to a specified limit for a stipulated period of time, all or part of which can be repaid and re-borrowed as required), rather than the term loans that universities have traditionally found more attractive (which provide long-term funds for a specified period of time). There was concern that, in some cases, banks might be considering withdrawing those lines of credit when they come up for renewal. There was also a concern about how many institutions might be relying on revolving credit facilities to satisfy the OfS’s minimum liquidity requirements. There was anecdotal evidence that certain banks were focussing their new lending on higher tariff institutions, partly because of credit risk but also because of the ancillary opportunities to make money from larger institutions. This risks a self-fulfilling cycle of winners and losers.

    It was generally felt that a new Special Administration Regime would make life easier as opposed to harder in terms of access to funds. It is not necessarily about encouraging enforcement by banks. It is highly unlikely that a UK clearing bank would want the adverse publicity associated with enforcing against a UK university (although foreign lenders may be less PR squeamish). However, giving lenders a clear line of sight as to a recovery process, even if not used in practice, may further encourage commercial lending to the sector. 

    Beyond the question of more money, there was a feeling that certain sector skills were lacking to navigate these troubled waters. As one participant put it, transformation expertise was what was needed, not just transformation funds. And how does all this transformation happen at pace?

    Above all, there was a sense that the sector needed to move as one on certain key issues. One example was the increased costs for post-92 institutions associated with the Teachers’ Pension Scheme. Another key area where the sector needs to work together is soliciting the opinion of the Competition and Markets Authority (CMA) on how universities can collaborate without breaching competition law. There were grounds for optimism: the CMA guidance on applying the competition rules to sustainability agreements and collaborations is an example of the CMA taking a proactive approach to assuage concerns that competition law should not hinder legitimate collaboration where this was in the public good. In other areas, such as procurement and shared services, it was felt that there was much that the sector could be doing together to be more efficient and reduce the cost of delivery.

    As an hour of rapid and informed discussion drew to a close, perhaps the overall conclusion was that it is only by acting collectively that the sector can arrive at solutions to allow institutions to truly put their houses in order at an individual level. Universities need to start planning how they will support themselves through this next phase. To survive they will need to mobilise themselves to work at pace to foster local and regional connections to drive forward the priorities for their regions.



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  • West Virginia Executive Order on ‘DEI’ unconstitutionally limits university classroom discussions.

    West Virginia Executive Order on ‘DEI’ unconstitutionally limits university classroom discussions.

    West Virginia Gov. Patrick Morrisey issued an executive order yesterday to eliminate certain diversity, equity, and inclusion practices in state agencies and organizations that receive state money. While the state may limit certain programs or activities of state agencies, the executive order is written so broadly that it applies to classroom instruction in higher education. As such, the executive order violates the First Amendment and must be rescinded or amended to make clear that it does not affect what’s discussed in college classrooms. If the order is not rescinded or amended, West Virginia’s public institutions must protect faculty academic freedom rights and make sure that classroom teaching is not affected. 

    If you are a faculty member whose teaching may be impacted by Executive Order 3-25, FIRE is here for you.

    Provision 1.b. sweeps in an enormous amount of expression protected under the First Amendment protected expression at West Virginia’s universities and colleges. It provides: 

    [No] entity receiving state funds, shall utilize state funds, property, or resources to . . . Mandate any person to participate in, listen to, or receive any education, training, activities, procedures, or programming to the extent such education, training, activity, or procedure promotes or encourages the granting of preferences based on one person’s particular race, color, sex, ethnicity, or national origin over that of another.

    This language violates the First Amendment, reaching college classroom instruction and discussion. It is viewpoint-discriminatory, prohibiting faculty from sharing any material that “promotes or encourages” a view while allowing them to criticize that viewpoint. And while other states’ anti-DEI efforts have included language that might protect discussions in university and college classrooms, West Virginia’s does not — instead, it applies to any agency receiving state funds. West Virginia’s public universities cannot both comply with the executive order and their obligations under the first Amendment. 

    Governor Morrisey should rescind or amend the Executive Order to make clear that it does not affect higher education classroom instruction. 

    Whatever authority states might have to regulate other state agencies (including K-12 education and non academic higher education programming), the university classroom context is different. The First Amendment protects the right of faculty members at public universities and colleges to discuss pedagogically-relevant material in their courses, even if that material is offensive to students, colleagues, the public, or lawmakers. As the Supreme Court held in Keyishian v. Board of Regents of the University of the State of New York (1967), state officials cannot use the law to impose an “orthodoxy over the [college] classroom,” where students learn “through wide exposure to that robust exchange of ideas,” not “authoritative selection,” wrote Justice William Brennan.

    FIRE has defended this important right across the ideological spectrum in courts across the country, successfully suing over Florida’s “Stop WOKE Act” and maintaining an ongoing challenge against California’s requirement that faculty incorporate ‘anti-racist’ viewpoints into their classroom teaching.

    Executive Order 3-25 violates those First Amendment rights. Under Executive Order 3-25:

    • A law professor teaching constitutional law cannot present Supreme Court opinions arguing in favor of race-conscious admissions at universities and colleges, including the dissenting opinions in Students for Fair Admissions v. Harvard College or the plurality or majority opinions in Bakke and Grutter.
    • A college professor cannot recount other arguments in favor of affirmative action or racial preferences, which remain legal in many other circumstances outside of the university context.
    • A professor discussing reparations — including proposals recently introduced in the United States Senate — can only criticize reparations, but could not present arguments in favor, even if they want to dissect those arguments.
    • A history professor would have to think twice before presenting materials relating to historic immigration policies that limited immigrants by national origin, as that might “promote” preferences based on national origin.
    • A political science professor cannot present materials arguing in favor of continuing to limit Selective Service (i.e., the military draft) registration requirements to men, or limiting combat roles to men, as those arguments would “promote” preferences based on sex.

    Diversity, equity, and inclusion statements FAQ

    Issue Pages

    Vague or ideologically motivated DEI statement policies can too easily function as litmus tests for adherence to prevailing ideological views on DEI.


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    Worse still, it is impossible for an educator to know what might “promote or encourage the granting of preferences” with regard to a particular student. For instance, since students reading the Supreme Court decisions in Bakke and Grutter may find their arguments convincing, even teaching about these landmark cases would risk violating the executive order. This cannot be reconciled with the First Amendment and academic freedom rights of West Virginia students and professors.

    The plain language of the provision clearly conflicts with West Virginians’ constitutional rights. Governor Morrisey should rescind or amend the Executive Order to make clear that it does not affect higher education classroom instruction. If you are a faculty member whose teaching may be impacted by Executive Order 3-25, please contact FIRE: https://thefire.org/alarm.

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