Tag: News

  • Trump attacks DEI; faculty pick between silence, resistance

    Trump attacks DEI; faculty pick between silence, resistance

    Republicans in red states have been attacking diversity, equity and inclusion in higher education for years. But when Donald Trump retook the White House and turned the federal executive branch against DEI, blue-state academics had new cause to worry. A tenured law professor in the University of California system—who wished to remain anonymous for fear of retaliation and harassment—said they read one of the executive orders that Trump quickly issued on DEI and anticipated trouble.

    “Seeing how ambiguous it is with respect to how they are defining diversity, equity and inclusion, and understanding that the ambiguity is purposeful, I decided to take off from my [university website] bio my own specialty in critical race theory, so that I would not be a target either of the [Trump] administration or of the people that they are empowering to harass,” the professor said.

    The professor said they also told their university they’re not interested in teaching a class called Critical Race Theory for the rest of the Trump administration. They said they faced harassment for teaching it even before Trump returned to the presidency. “A lot of law schools also have race in the law classes, we have centers that are focused on race,” the professor said. “And so all of these kinds of centers and people are really, really concerned—not just about their research, but really, again, about themselves—what kind of individualized scrutiny are they going to get and what’s going to happen to them and their jobs.”

    Given all that, self-protection seemed important. “Things are going to get much worse before they get better,” the professor said, adding that “people are very scared to draw attention to their work if they’re working on issues of race. People like me are pre-emptively censoring themselves.”

    Other faculty, though, say they’re freshly emboldened to resist the now-nationalized DEI crackdown. One with tenure declared it’s time to “take it out and use it.” Inside Higher Ed interviewed a dozen professors for this article, including some at institutions that have seen changes since Trump’s return to office, to see how the crackdown is, or isn’t, affecting them and their colleagues. Their responses range from defiance to self-censorship beyond what Trump’s DEI actions actually require, but all share concern about what’s yet to unfold.

    Diversity, Equity and Confusion

    Trump’s efforts to eradicate DEI began on Inauguration Day, with the returning president issuing an executive order that called for terminating “all discriminatory programs, including illegal DEI” across the federal government. The dictate went on to state that these activities must be stamped out “under whatever name they appear.”

    That order didn’t specifically mention higher education, but the one Trump signed the following day did. It directed all federal agencies “to combat illegal private-sector DEI” programs, demanding that each agency identify “potential civil compliance investigations”—including of up to nine universities with endowments exceeding $1 billion.

    That was Week One. Week Two began with news of a DEI-related funding freeze whose scope was simultaneously sweeping and confusing. A White House Office of Management and Budget memo told federal agencies to pause grants or loans. The office said it was trying to stop funding activities that “may be implicated by the executive orders,” including DEI and “woke gender ideology.”

    Federal judges swiftly blocked this freeze. The Trump administration rescinded the memo. Nevertheless, the White House press secretary wrote on X that “This is NOT a rescission of the federal funding freeze.”

    The White House didn’t respond to a request for comment for this article. While college and university DEI administrators and offices may feel the brunt of the anti-DEI crusade as these positions and entities are eliminated, the campaign could also cast a pall over faculty speech and teaching.

    “This administration does not seem to care about the Constitution or about the existing law,” the anonymous law professor said, adding that “I think, unlike ever before in my own lifetime, I don’t feel safe or secure or I don’t feel the safety of the Constitution in the way that I have in the past.”

    Vice President JD Vance has called professors “the enemy.” The professor said this “has really empowered a lot of civil society to see us as the problem.”

    But Jonathan Feingold, an associate professor at the Boston University School of Law who’s on the cusp of earning tenure and says he’ll continue to teach critical race theory, is counseling against what he and others have called “anticipatory obedience” to Trump.

    “What I am seeing anecdotally reported across the country is universities either scrubbing websites or even potentially shuttering programs or offices,” Feingold said. But he said of the Jan. 21 anti-DEI executive order that “with respect to DEI, there is nothing in it that I see that requires universities to take any action. It certainly is rhetorically jarring and should be understood as a threat, but I don’t see anything that should compel institutions to do anything.”

    “The executive order does not define what Trump is saying is unlawful,” Feingold said. He noted it “almost always is attaching to DEI the term ‘illegal’ or ‘unlawful’ or ‘discriminatory’—which, I believe, is a recognition that DEI-type policies of themselves are not unlawful.” He said the order “rehearses the same racist-laden, homophobic-laden, anti-DEI talking points that the Trump administration loves to go to, but, if you read it closely, it reveals that even the Trump administration recognizes that under existing federal law, most of the DEI-type programs that universities have around the country are wholly lawful.”

    The bottom of that executive order also lists a few carve-outs that may limit the impact on classrooms. The exceptions say the order doesn’t prevent “institutions of higher education from engaging in First Amendment–protected speech,” nor does it stop educators at colleges and universities from, “as part of a larger course of academic instruction,” advocating for “the unlawful employment or contracting practices prohibited by this order.”

    While Feingold said the order doesn’t have teeth, he nevertheless thinks “it’s a very, very dangerous moment right now for faculty members to do their job because the administration is making very clear that it is not OK with any political opposition.” But, he said, “Voluntary compliance is a foolish strategy, given that Trump has telegraphed that he views an independent, autonomous higher education as an enemy. And so I think it’s foolish to think that scrubbing some words on a website are going to satiate what appears to be a desire to suppress any sort of dissenting speech.”

    Still, scrubbing is happening.

    Scrubbing Words

    A few days after Trump’s executive orders, Northeastern University, also in Boston, changed the page for its Office of Diversity, Equity and Inclusion to instead say “Belonging at Northeastern.” Northeastern spokespeople didn’t explain to Inside Higher Ed why the institution took this step; its vice president for communications said in a statement that “while internal structures and approaches may need to be adjusted, the university’s core values don’t change. We believe that embracing our differences—and building a community of belonging—makes Northeastern stronger.”

    In an interview with Inside Higher Ed, Kris Manjapra, the university’s Stearns Trustee Professor of History and Global Studies, declined to speak specifically to what’s happening at Northeastern “because I just don’t have a clear sense of what’s happening.” But, nationally, Manjapra said, “We are witnessing a series of challenges to academic freedom” and witnessing the rise of “what seems to be a fascist coalition, and we are clearly seeing the beginning of reprisals against different institutions that are essential to the functioning of democracy.”

    “Although the current language of the attack is being framed as the crackdown on DEIA,” Manjapra said, using the longer initialism for diversity, equity, inclusion and accessibility, he said he thinks that’s a “shroud” for what will likely “become a wider attack on the very foundations of what we do at universities—fundamentally, the practice of scientific inquiry and pursuit of ethical reflection.” He also said there’s a larger “attack on democracy and on civil society” in the offing.

    “Part of my research has been on the context of German-speaking Europe, and what was happening in the 1920s, in the 1930s, in Germany, and it’s chilling to see patterns from the past return—especially the attack on universities and on free speech and on books,” Manjapra said.

    But he said he’s not being chilled; quite the opposite. “The only change that may happen is that I will just be speaking more boldly,” Manjapra said. He said this is “an attack on the very essence of our purpose as academics. And in the face of that attack, the only thing that can be done is to face it head-on.”

    In the Midwest, a Republican-controlled state that already cracked down on DEI now appears to be going further, according to one faculty member. An untenured Iowa State University assistant professor—who said he wished to remain anonymous for fear of exposing colleagues to retaliation and for fear of colleagues limiting their future communication—said he attended a town hall meeting for his college last week after Trump’s executive orders. While state legislators had already banned DEI offices across Iowa’s public universities, the assistant professor said his dean now said more action was required.

    “Our directive is to eliminate officers and committees with DEIA missions in governance documents and remove language from strategic plan documents about DEIA objectives, and plans for both those are underway across the university,” the professor said. He said, “We know from state politics that state legislators and the governor’s office are going to be looking for workarounds, so they’re not just interested in the literal language, they’re going to be looking probably to see if there’s any way that people are trying to linguistically skirt the specific requirements.”

    The professor said his dean guessed “we have something like two weeks to make these changes.” In an emailed response to Inside Higher Ed’s questions, an Iowa State spokesperson said simply that the university “continues to work with the Iowa Board of Regents to provide guidance to the campus community on compliance with the state DEI law,” without mentioning any role Trump’s recent actions may be playing.

    As for his own teaching, the Iowa professor said, “I don’t intend to change my own curriculum.” He said, “There are classes that I regularly teach that the current content of which would almost certainly get me into trouble.” He said, “I’m asking myself now, ‘What would I be willing to lose my job for?’ and, ‘What would our administrators and university leadership be willing to lose their jobs for?’”

    On Thursday, a communications officer for the Georgia Institute of Technology’s School of Interactive Computing sent out an email saying that “Georgia Tech communicators, including myself, have been directed to delete all content that contains any of the following words that are in the context of DEI from any Georgia Tech affiliated website,” including “DEI,” all the words that make up DEI, “inclusive excellence” and “justice.”

    “Unfortunately, this will result in the deletion of dozens of stories that I and previous communications officers have written,” he wrote. He also said that the faculty hiring page had been taken down and would remain down until faculty and staff “submit new copy” for that page.

    Faculty shared this communication online, expressing concerns and debating what it meant. Dan Spieler, an associate psychology professor at Georgia Tech, said the threats of universities not getting research grant funding “has the potential to blow a massive hole in Georgia Tech’s budget—a massive hole in, like, everyone’s budget.” So, he said that, among administrators, “my guess is that there’s a lot of discussion about how do we stay off the radar, how do we keep the grants flowing?”

    (In an emailed statement to Inside Higher Ed, a Georgia Tech spokesperson said, “As a critical research partner for the federal government, Georgia Tech will ensure compliance with all federal and state rules as well as policies set by the Board of Regents of the University System of Georgia to continue accelerating American innovation and competitiveness. Efforts to examine and update our web presence are part of this ongoing work.”)

    At institutions with weak faculty governance such as Georgia Tech, Spieler said, “administrators will largely have free rein, at least in the first pass” for deciding how to respond. But, when it comes to his own teaching, he said, “I’m not going to change a goddamn thing, because I have tenure and if you don’t take it out and use it once in a while, then, you know, what’s the point?”

    “I think we’re going to find out who truly was actually interested and committed to ideals like diversity, equity and inclusion, and who was just paying lip service to it,” he said.

    Dànielle DeVoss, a tenured professor and department chair of writing, rhetoric and cultures at Michigan State University—which made headlines over canceling and then rescheduling a Lunar New Year event after Trump retook the presidency—said, “I think we’re in the midst of a deliberate, strategic campaign of generating fear and anxiety.” She suggested faculty and administrators may have to respond to Trump’s DEI crackdown differently.

    “I suspect university-level messaging has to be much more nuanced,” DeVoss said. “I mean, we’re a public institution. Individual faculty and academic middle managers like myself have, I think, more wiggle room to be activists and advocates. But our top-level administration, their responsibility is to protect our institution, our funding, our budgets.” However, she said, “faculty have academic freedom, and of course freedom of speech, protecting our individual actions.”

    Source link

  • Alumni-in-residence programs aid student development

    Alumni-in-residence programs aid student development

    SDI Productions/E+/Getty Images

    A May 2024 Student Voice survey found 29 percent of students believe their college or university should prioritize or focus more on connecting students to alumni and other potential mentors.

    Colleges and universities often have connections to a wide range of successful graduates who can provide insight and support to current students, but creating organic relationships between the two groups can be a challenge.

    One initiative institutions have undertaken is establishing alumni-in-residence programs to offer career development opportunities for current students.

    How it works: Similar to a formal mentoring program, alumni in residence hold one-on-one conversations with learners to address the student’s career goals and answer questions related to work or life after college.

    The alumni-in-residence program, however, asks alums to serve in a variety of functions, including panel presentations, etiquette dinners and a networking reception, as needed.

    What’s the value: Alumni can offer specific insights into career pathways from their alma mater into their current role, helping highlight the student journey in a unique way. Involving former students in career services can also increase funding and support for the institution. A 2024 survey by Gravyty found alumni who have participated in a mentoring program say they are 200 percent more likely to donate in the future.

    Effective career services can also impact a student’s perception of their institution after graduation; 19 percent of alumni reported receiving strong career support from their institution, and those alumni are 2.8 times more likely to say their degree is worth the tuition, according to the 2023 National Alumni Career Mobility Annual Report.

    A 2025 analysis by Gravyty also found 46 percent of alumni rank career support and networking as the most valuable services their alma mater can provide, yet only 40 percent of engagement programs at universities include mentoring opportunities.

    Who’s doing it: Some of the institutions hosting an alumni-in-residence program include:

    Do you have a career prep tip that might help others encourage student success? Tell us about it.

    Source link

  • Lessons for new leaders from longtime marcomm staff

    Lessons for new leaders from longtime marcomm staff

    Over the past five years of conducting organizational capability assessments of higher education marketing and communications departments, my colleagues and I have interviewed hundreds of internal stakeholders. It’s the most fascinating aspect of the work, hearing directly from campus colleagues both inside and outside the department about their perspectives and experiences related to organizational life and departmental effectiveness.

    Through these conversations, valuable insights have emerged thanks to longtime marcomm staff—those team members who have contributed 10 or more years of professional service to their departments. (Note: I use the term “marcomm” to reflect that a blended marketing and communications structure is the typical model in higher education. The nuance and complexity of marketing and communications as distinct but related functions are topics for another post.)

    These insights, framed as reflection questions below, are especially relevant for leaders beginning a new senior role, such as a cabinet-level VP, CMCO or an executive director leading the marcomm function for an academic college or school.

    1. Is “restructuring” an end or a means?

    When longtime staff members discuss organizational structure changes, their healthy skepticism is palpable. They invariably associate these changes with leadership transitions. A “re-org” happened because there was a new VP (just as strategic plans often coincide with new presidents). The perceived impetus for change is simply having new leadership rather than any larger strategic purpose. We frequently hear some version of, “The structure changes and then eventually changes back with a different VP.”

    I’d much rather staff members describe those structural changes as enabling their function to fulfill a more strategic role and more meaningfully advance the institution’s highest priorities. It’s a reminder to leaders that structure should follow strategy, so the task is to ensure that the strategy is clear, reinforced and reflected in decision-making.

    Moreover, leaders should move beyond thinking in terms of discrete “restructures” or “re-orgs.” Organizational change isn’t a periodic event; top-performing departments are constantly adapting and evolving to best serve their guiding purpose amidst changing conditions.

    1. What is the real value of institutional knowledge?

    We undervalue institutional knowledge. Your longtime staff members possess deep institutional knowledge, which we unfortunately may dismiss as outdated or irrelevant. Instead, think of institutional knowledge as a source for critical context and sense making to help you navigate the road ahead and lead positive change.

    ​​In The Practice of Adaptive Leadership, Heifetz, Linsky and Grashow emphasize that “successful adaptive changes build on the past rather than jettison it.” The challenge for leaders lies in “distinguishing what is essential to preserve from their organization’s heritage from what is expendable.” Long-tenured staff members’ insights and institutional knowledge are invaluable in building this understanding.

    As the authors note, “Successful adaptations are thus both conservative and progressive. They make the best possible use of previous wisdom and know-how. The most effective leadership anchors change in the values, competencies and strategic orientations that should endure in the organization.” New senior leaders, eager to deliver results or serve as change agents, may overlook this crucial balance.

    1. What does upskilling require of the organization?

    The responsibilities of longtime staff members have likely evolved significantly since their initial hiring. New or different types of work are needed as marcomm’s scope expands, audience preferences shift and technologies emerge. Growing these competencies is a shared responsibility requiring genuine organizational commitment. The onus cannot rest solely on individual staff members. Upskilling or reskilling demands adequate time and resources—even when workloads are heavy and budgets are constrained.

    Professional development funding is often the first casualty of budget reductions. But if the organizational approach to professional development has been mostly reactive, then we shouldn’t be surprised by the lack of budget prioritization. This ad hoc approach to professional development points to a larger issue: the absence of formalized talent management practices in marketing and communications.

    Where can you build more intentionality into your organization’s efforts to recruit, develop, support and retain staff? Look to your central human resources team for guidance and learn from your colleagues in advancement, where larger and more mature advancement operations have dedicated talent management functions. Start small by operationalizing your department’s practices in a specific area such as orientation and onboarding. These focused efforts can create momentum for broader talent management initiatives.

    Long-serving staff members serve as both historians and bridges to the future, stewarding institutional values while helping new executives thoughtfully evolve their organizations. When properly engaged and supported, these veteran team members can be catalysts in your efforts to build—or further build—a high-performing department that drives lasting institutional progress. I hope these reflection questions prompt ideas that help your marketing and communications department be people centered and future ready.

    Rob Zinkan is vice president for marketing leadership at RHB, a division of Strata Information Group. He joined RHB in 2019 after more than 20 years in higher education administration with senior positions in marketing and advancement. He also teaches graduate courses as an adjunct in strategic communications and higher education leadership.

    Source link

  • The left should reclaim free speech mantle (opinion)

    The left should reclaim free speech mantle (opinion)

    If progressive or even not-so-progressive Jewish students invited comedian Sacha Baron Cohen to their university to perform his riotous parody “In My Country There Is Problem,” with its call-and-pogrom chorus “throw the Jew down the well / so my country can be free,” would Cohen be allowed on campus? If the song were indeed sung, and a few humorless, unthinking listeners were distressed by the lyrics, or at least claimed to be, would the Jewish students face discrimination and harassment charges under the university’s disciplinary code?

    Today, probably. Would they be found responsible for discrimination and harassment based on national origin? Again, probably. And what if a student band wished to parody the parody with a song titled something like, “Throw Chris Rufo Down the Well So My University Can Be Free”? Could the song be sung against the backdrop of students’ sensitivities and the reciprocated rage of today’s young conservative white men?

    In her recently published opinion essay for Inside Higher Ed, Joan W. Scott skewered the Foundation for Individual Rights and Expression and its vice president for campus advocacy, Alex Morey, for condemning the American Association of University Professors. Scott’s criticism of Morey’s criticism goes like this: Morey lambasted AAUP president Todd Wolfson’s expression of “disappointment” over Donald Trump’s re-election, arguing that Wolfson’s explicit partisanship betrays the AAUP’s purported commitment to academic freedom. Scott countered that FIRE is a libertarian wolf donning academic freedom drag. FIRE, explains Scott, is “dedicated to the absolutist principle of individual free speech,” a principle that is “not,” Scott italicizes, synonymous with academic freedom. In turn, Scott elaborates on academic freedom as “individual and collective rights of faculty as they pursue the mission of higher education in a democracy.”

    We agree with Scott that FIRE—with its many right-wing funding sources as Scott lists them—is unlikely to have our backs if and when the federal government comes to shut down diversity, equity and inclusion programs and cultural studies departments on campus (i.e., queer and Black studies). We respect, too, that Scott knows more about the history and purpose of academic freedom than we do.

    And yet, we worry that the line she draws between free speech and academic freedom—the former ideological and libertarian, the latter true and good—cedes too much. Indeed, her distinction hands “free speech” over to the conservative groups championing their anti-educational causes under its banner, and her dismissal of free speech defenses as apologia for racism lets stand, unnuanced, the left-originating but now right-appropriated proposition that combative, controversial speech is necessarily harmful in an egalitarian university environment. It is the quick conversion of (at times highly provocative) political speech into hate speech that allows “from the river to the sea” to be branded as categorically harassing antisemitism—a conversion that would so quickly ban Jews from sending up antisemitism (“throw the Jew down the well”), ban musicians from joking about drowning Rufo or prohibit, for that matter, marginalized groups from reappropriating slurs to divest them of their injurious force.

    In short, we think there is still good reason—several good reasons—for the academic left to defend speech, both as elemental to academic freedom and as a democratic value unto itself.

    We and nearly every colleague we know have stories of students hastily claiming talk—talk of sex, Israel, Palestine and criticism of affirmative action—as intimidating, harassing or discriminating. It seems to us that a robust defense of academic freedom must include healthy skepticism, but not outright cynicism, of the proposition that words injure. Skepticism, not cynicism, because words may hurt people, further subordinate marginalized groups and erode democratic ideals. David Beaver’s and Jason Stanley’s recently published The Politics of Language draws on critical race and feminist theory to show how some speech acts—affective, nondeliberative and/or racist dog whistles—function to polarize and degrade.

    But we also know, especially in the wake of spurious discrimination claims against campus activists and academics protesting Israel’s military campaigns, that conservative stakeholders are weaponizing the idea of words as weapons, alleging atmospheres of harassment to chill political speech—a project, we must concede, that the left paved the way for.

    Indeed, around 2013, as trigger warnings gained traction on college campuses, the right repackaged “free speech” as the inalienable freedom of anyone to speak on any topic without consequence, especially if that consequence is the loss of a platform. Instead of drawing on the left’s history of free speech advocacy, scholars of “identity knowledges” centered attention on the moral wrongness of offensive speech and the intolerability of feeling unsafe. This shift left progressives defending feelings rather than ideas, collapsing political discord with dehumanization—or, as Sarah Schulman argues, conflict with abuse. Now, with free speech reduced to melodrama, even the Christian right claims to protect its constituents against “harm”—whether from critical race theory or drag shows—rendering the issue a conceit of the culture wars.

    In his much-ridiculed op-ed for The New York Times published last year, linguist John McWhorter lamented that he and his students were unable to listen to John Cage’s silent “4:33” during class, as the silence would have been interrupted by the sound of student protests. The irony that McWhorter chided the protesters for impeding his students from appreciating Cage’s invitation to listen to “the surrounding noise” of the environs was not lost on McWhorter’s critics.

    What was not commented on, though, was McWhorter’s contention that if a group of students had been shouting “DEI has got to die” with the same fervor with which they were shouting for Palestine’s self-determination, then the protests “would have lasted roughly five minutes before masses of students shouted them down and drove them off the campus. Chants like that would have been condemned as a grave rupture of civilized exchange, heralded as threatening resegregation and branded as a form of violence.”

    Whether correct or not, McWhorter’s speculation is not baseless. We want to insist, though, that there are left, not just libertarian, grounds to defend, for example, a student protest against DEI initiatives. They include: respecting and celebrating the university as a space of open dialogue and debate; the possibility that you might learn something from someone with whom you disagree; the opportunity to lampoon, parody or otherwise countermand whatever worse-than-foolish statement the opposition is making; the opportunity, as John Stuart Mill taught us, to strengthen your own ideas and arguments alongside and against the ideas of others; and finally, avoiding the inevitable backlash of “the cancel,” whereby censored conservatives rebrand themselves as truth-telling victims of the “woke.”

    Granted, some of these grounds for defending speech tilt more liberal or libertarian than pure left, whatever that means, but we nonetheless maintain that it is self-defeating for us to carry the banner for “academic freedom” while consigning “free speech” to the province of white grievance. This is especially true for those of us teaching queer and critical sexuality studies, where classrooms and related spaces of activism and dialogue are increasingly circumscribed, the harm principle ever more unprincipled. Consider the case of Aneil Rallin, who in 2022 was accused by Soka University of America of teaching “triggering” sexual materials to his students in a course called Writing the Body, and whose case—while taken up by FIRE—was met with little alarm from the academic left.

    It also applies to those of us who still recognize satire, irony and social commentary in an age of breathtaking literalism. In 2011, the Dire Straits song “Money for Nothing” (1985) was temporarily banned from Canadian radio for its use of the f-slur, even though the term was intended as a commentary on working-class homophobia. The drive to censor and demonize without regard for social context has arguably gotten stronger in the years since.

    From the recent historical record, it seems to us that the enforcement of bureaucratic speech restrictions often damages campus culture and democratic norms more than the speech acts themselves. Indeed, the better question than is X speech act harmful is, to crib from Wendy Brown, when—if ever and at what costs—are speech restrictions the remedy for injury?

    Debating DEI programs, myths of meritocracy and so on is the stuff of academic freedom. A speech act like “DEI must die” is provocative, abrasive and worth publicly disparaging, but it is not the same as hate speech. Song parodies will not save us from the dark years ahead for public education, academic freedom and egalitarian pedagogies of all kinds. But our battle preparations demand standing up for, not surrendering, free speech.

    Joseph J. Fischel is an associate professor of women’s, gender and sexuality studies at Yale University.

    Kyler Chittick is a Ph.D. candidate in the Department of Political Science at the University of Alberta.

    Source link

  • West Point disbands student groups for women and minorities

    West Point disbands student groups for women and minorities

    The United States Military Academy in West Point, N.Y., has shut down a dozen student affinity clubs to comply with President Donald Trump’s executive orders to eliminate federal funding for diversity, equity and inclusion initiatives and ensure that no member of the military “be preferred or disadvantaged on the basis of sex, race, ethnicity, color, or creed,” The Washington Post reported.

    The Asian-Pacific Forum Club, the National Society of Black Engineers Club and the Latin Cultural Club are among the campus groups ordered to shut down, according to a memo sent Tuesday from Chad Foster, deputy commandant at West Point, to the Directorate of Cadet Activities.

    The memo orders all the identified clubs to “permanently cease all activities” and “unpublish, deactivate, archive or otherwise remove all public facing content.” It also orders the dozens of other clubs at West Point to “cease all activity” until they have been reviewed to ensure compliance with Trump’s executive orders and guidance from the Army and the Department of Defense. 

    Below is the full list of disbanded clubs, including some with decades-long histories at West Point, according to the Post:

    • The Asian-Pacific Forum Club
    • The Contemporary Cultural Affairs Seminar Club
    • The Corbin Forum
    • The Japanese Forum Club
    • The Korean-American Relations Seminar
    • The Latin Cultural Club
    • The Native American Heritage Forum
    • The National Society of Black Engineers (West Point chapter)
    • The Society for Hispanic Professional Engineers (West Point chapter)
    • The Society of Women Engineers (West Point chapter)
    • Spectrum
    • The Vietnamese-American Cadet Association

    Source link

  • College presidents’ survey finds alarm over Trump

    College presidents’ survey finds alarm over Trump

    Even before President Donald Trump unleashed a flurry of executive orders involving higher education, college and university presidents expressed serious concerns about his possible impact on the sector and on their own institutions. That’s according to findings released today from Inside Higher Ed’s forthcoming 2025 Survey of College and University Presidents with Hanover Research.

    More than half of presidents surveyed in December and early January—51 percent—at that point believed Trump’s second administration would have a somewhat or significant negative impact on the regulatory environment for higher education. Some 38 percent of respondents said they believed Trump would have a somewhat or significant positive impact on the regulatory environment, while the remainder expected his administration to have no impact. Male presidents were more likely than their female counterparts to express confidence in the Trump administration, with 42 percent of men responding that they expected an at least somewhat positive regulatory environment for the sector compared to 30 percent of women.

    Drilling down into specific concerns, the vast majority of presidents—80 percent—indicated Trump would have a negative impact on DEI across higher education. On an institutional level, 60 percent said he would negatively impact DEI efforts at their own colleges and universities.

    Presidents also expressed concerns about what Trump 2.0 would mean for public perceptions of higher education’s value, the climate for campus speech and the financial outlook for colleges and universities.

    The latest edition of the annual survey of presidents, now in its 15th year, includes responses from 298 leaders from a mix of two- and four-year institutions, public and private nonprofit. It was administered after Trump was elected but before he took office. The findings below are focused exclusively on his new administration and the broader political environment. The full survey, covering a broad range of issues relevant to college leaders, is forthcoming.

    Unpacking the Findings

    Given the timing of the survey and the rapid-fire executive orders and other actions that have followed, which included a temporary freeze on federal funding that created uncertainty and alarm across the sector, some experts believe presidents would respond even more negatively now.

    “I don’t think there’s any question that had this survey been done after Jan. 20, the numbers would be more negative than they were, with what we have seen since: the executive orders flowing out of the White House and funding freezes and just the chaos and uncertainty,” Michael Harris, a professor of higher education at Southern Methodist University, told Inside Higher Ed.

    “The survey indicates that presidents had some sense of what was coming,” Harris said. But he noted their “failure of imagination” to realize how quickly Trump would act.

    Already higher education is feeling the pressure on DEI, an area presidents anticipated would come under fire by the new administration.

    One of Trump’s first executive orders, issued on Jan. 21, called on federal agencies “to enforce our longstanding civil-rights laws and to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.” It also tasked Trump’s attorney general and the education secretary with crafting guidance for universities on how to comply with the 2023 Supreme Court ruling that banned the consideration of race in admissions policies.

    Universities have reacted in myriad ways to Trump’s attack on DEI. Last month the Rutgers University Center for Minority Serving Institutions canceled a virtual conference on apprenticeships at historically Black colleges and universities, and Michigan State University called off a lunch to celebrate Lunar New Year (but allowed other related events to go on).

    According to the survey, 71 percent of respondents believe that Trump will have a negative impact on the climate for free inquiry and civil dialogue across higher education. But only 52 percent said their own institution would suffer those negative effects.

    The majority of respondents—71 percent—also said Trump would have a negative financial impact on the sector. But at the institutional level, only 45 percent believe the same is true at their institution. And nearly a quarter of respondents believe he’ll positively affect their finances.

    Harris views with skepticism the belief among many presidents that their institutions will fare better than the rest of the sector. He argues that presidents can be “blinded” by proximity to their institution, which makes them overconfident in its strength.

    “I tend to believe the response around the industry more than the individual institution,” he said.

    But Anne Harris, president of Grinnell College—and no relation to Michael—believes that presidents have a firm grasp on their community “and all of its complexity,” which helps them better understand how a situation may play out on campus. She said that the “direct impact of a federal policy is always going to be negotiated, diffused and maybe absorbed by the multiplicity of constituencies on a campus.”

    While the new Republican president was the cause of concern for many respondents, presidents also expressed dissatisfaction with his Democratic predecessor, Joe Biden, last year.

    In Inside Higher Ed’s 2024 survey of College and University Presidents, only 33 percent of respondents indicated satisfaction with the Biden administration’s record on higher education. Last year’s survey found that 41 percent of respondents were completely or somewhat dissatisfied with Biden, who left behind a mixed legacy on higher education. He was accused of leaving some promises unfulfilled while overreaching in other areas, such as student loan forgiveness.

    Killing the Education Department

    One of Trump’s campaign promises was to dismantle the U.S. Department of Education, a process that he has already taken steps toward but that will likely face an uphill battle given that he would need congressional approval to shut it down, which Democrats have made clear they are unwilling to provide. Even with a Republican majority in the Senate, the move faces highly unlikely odds.

    The majority of presidents surveyed disapprove of shutting down the department: 72 percent opposed the idea and 21 percent indicated uncertainty, while 8 percent voiced support for the effort. Presidents of private, nonprofit institutions were most likely to support the move.

    Harris, the Grinnell College president, questions what role last year’s botched launch of the new Free Application for Federal Student Aid played in draining support from the Department of Education, given the financial pressures felt by countless students, families and institutions.

    “There are going to be very few presidents who are going to cheer what happened with FAFSA,” she said. “So maybe this is some FAFSA lack of confidence saying the Department of Education did not serve higher ed well with the FAFSA debacle last year. So why not try something else?”

    Brad Mortensen, president of Weber State University, offered a similar perspective.

    “It wouldn’t have surprised me if [that number] was higher, just given how rough of a time the Department of Education had in rolling out the new FAFSA,” Mortensen told Inside Higher Ed. “That had real impacts on all types of institutions across the country.”

    Both presidents indicated that the programs housed in ED are more important than the department itself. They are more concerned about the continued flow of federal financial aid, for example, than where it comes from—whether that’s ED or the U.S. Department of the Treasury.

    Ongoing Optimism

    Concerns about Trump notwithstanding, other findings in the forthcoming full survey were positive—including the financial outlook at the institutional level, despite clear signs of strain across the sector. (Financial findings will be covered in depth as part of the full survey release.)

    Some presidents believe that optimism comes with the job.

    “College and university presidents are a funny lot. As I was applying for this job, I had a past president tell me, ‘Brad, you have to be smart enough to get the job and dumb enough to take it.’ I think by nature, we tend to be naïve optimists because it’s a job with a lot of challenges,” Mortensen said.

    Source link

  • Abrupt presidential exits at Oklahoma State, CSU Pueblo

    Abrupt presidential exits at Oklahoma State, CSU Pueblo

    Two presidents resigned abruptly with few details in recent days: Kayse Shrum stepped down at Oklahoma State University, and Armando Valdez resigned the presidency of Colorado State University, Pueblo.

    For Shrum, the move comes less than four years into her job and with no public explanation.

    Local news outlet NonDoc reported that her resignation—which blindsided many at the university—coincides with an opaque review of improper transfers of “legislatively appropriated funds.” NonDoc also noted recent tensions over the contract of football coach Mike Gundy, who signed a restructured deal that gave him an extension but also a $1 million–a–year pay cut. 

    One anonymous source told the news outlet that the situation escalated quickly as Shrum “went from being on solid footing last Thursday to essentially not being president on Monday night.”

    Though the resignation was official Monday, the Board of Regents did not announce the move until Wednesday.

    Valdez resigned as president of CSU Pueblo one day shy of hitting a year on the job. The move follows an independent investigation that found he had violated university policy, according to a Colorado State University System news release. System officials did not indicate what policy Valdez allegedly violated, noting in the news release that Valdez disagreed with the findings but recognized he had lost “the confidence of the Board of Governors and CSU System leadership. As a result, to allow the university to move forward, he resigned his role.”

    System officials told The Pueblo Chieftain that his resignation and the alleged policy violation were a personnel matter and therefore “not something the CSU system will be commenting on.”

    Source link

  • Trump signs order banning trans athletes in women’s sports

    Trump signs order banning trans athletes in women’s sports

    President Donald Trump signed an executive order Wednesday banning transgender women from participating in women’s sports.

    “The war on women’s sports is over,” he said. “With my action this afternoon, we are putting every school receiving taxpayer dollars on notice that if you let men take over women’s sports teams or invade your locker rooms, you will be investigated for violations of Title IX and risk your federal funding.”

    The executive order, signed on National Girls and Women in Sports Day, declares that it’s “the policy of the United States to oppose male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity, and truth.” Under the order, the assistant to the president for domestic policy will bring together representatives of “major athletic organizations and governing bodies, and female athletes harmed by such policies, to promote policies that are fair and safe, in the best interests of female athletes.”

    The president’s latest action builds on the GOP’s broader campaign to remove all recognition of transgender individuals from state and federal programs. On his first day in office, Trump signed a separate executive action declaring that there are only two sexes and banning federal funding for any program related to “gender ideology.” And House Republicans have passed a bill that would unilaterally ban trans women from competing in women’s sports. In nearly half of the country, trans women are banned from playing women’s sports at the K-12 or higher education level, but the order would take those bans nationwide.

    Additionally, the order calls on the education secretary to prioritize “Title IX enforcement actions against educational institutions (including athletic associations composed of or governed by such institutions) that deny female students an equal opportunity to participate in sports and athletic events by requiring them, in the women’s category, to compete with or against or to appear unclothed before males.” (Federally funded K-12 public schools and colleges are required to comply with Title IX, which bars discrimination based on sex in educational settings.)

    Charlie Baker, president of the National Collegiate Athletic Association, told Congress recently that out of the more than 500,000 college athletes, fewer than 10 were transgender. The NCAA released a statement Wednesday that said, “The NCAA Board of Governors is reviewing the executive order and will take necessary steps to align NCAA policy in the coming days, subject to further guidance from the administration.”

    As Trump spoke Wednesday, girls and women—including former University of Kentucky swimmer and anti-trans advocate Riley Gaines—stood behind him, often clapping in support.

    After thanking them, the president turned back to face the rest of the East Room audience. He acknowledged the federal lawmakers, state attorneys general and governors in attendance, describing them as “friends of women’s sports.”

    “My administration will not stand by and watch men beat and batter women,” he said. “It’s going to end and nobody’s gonna be able to do a damn thing about it because when I speak [I] speak with authority.” (Trump was referring to an Olympic gold medal–winning Algerian boxer whom some accused of being transgender; the boxer has publicly said she was born a woman.)

    Fatima Goss Graves, president of the National Women’s Law Center, said in a statement that trans students do not pose a threat in sports and deserve the same opportunities as their peers.

    “The far-right’s disturbing obsession with controlling the bodies, hearts, and minds of our country’s youth harms all students,” Graves said.

    Education secretary nominee Linda McMahon attended the ceremony, though her confirmation hearing for the office has yet to be scheduled. In the meantime, the department is being led by a collection of acting officials and appointees, including Deputy General Counsel Candice Jackson, who described the president’s order as “a demonstration of common sense.”

    “The President affirmed that this administration will protect female athletes from the danger of competing against and the indignity of sharing private spaces with someone of the opposite sex,” Jackson said in a news release. “The Department of Education stands proudly with President Trump’s action as we prioritize Title IX enforcement against educational institutions that refuse to give female athletes the Title IX protections they deserve.”

    Other Republican lawmakers praised the order Wednesday, arguing it would ensure women and girls won’t be pushed to the sidelines.

    But Representative Bobby Scott, a Democrat from Virginia and ranking member on the House education committee, was quick to oppose the order, calling it “yet another overreach by this administration” and saying its lack of clarity will further complicate what should be addressed by sports associations.

    “Rather than address the real, urgent issues that students and families are facing every day, this administration continues to target vulnerable students—specifically transgender girls and women—with a shameless attempt to bully them,” he said in a statement. “They are willing to use the most vulnerable Americans as pawns in a political game.”

    Source link

  • Career coaches fill critical gaps in Ph.D. training

    Career coaches fill critical gaps in Ph.D. training

    To the editor:

    In “The Doctoral Dilemma” (Feb. 3, 2025), Inside Higher Ed reporter Johanna Alonso describes career coaching as a “cottage industry” of “gurus” that emerged to fill critical gaps in graduate training. As a career coach cited in the article, I was disappointed to see such an inaccurate and biased portrayal of my work. 

    Coaching is a professional industry with proven methods, tools, and credentialing provided by the International Coaching Federation (ICF). Coaching is distinct from “consulting,” and it’s an intentional, strategic step for anyone seeking to change careers. This is why Johns Hopkins University employs coaches as part of its Doctoral Life Design Studio. Yet, the article portrays these university-led coaching initiatives as legitimate, structured and holistic, while describing coaching outside of the university as an opportunistic “cottage industry.” Why frame the same service in two very different ways?

    From our wide-ranging, 20-minute interview, Alonso only highlighted my hourly rate—$250/hour for a single one-to-one meeting—without any context. There is no mention of the benefits of career coaching, or whether universities like Johns Hopkins pay their coaches a similar rate. The monetary cost, presented in isolation, suggests exploitation. The reality? As a neurodivergent person, I find one-to-one meetings draining, so I’ve priced them to limit bookings. Instead, I direct Ph.D.s toward my free library of online content, my lower-cost group programs and my discounted coaching packages, all of which have helped Ph.D.s secure industry roles that double or triple their academic salaries. The article doesn’t include these details.

    The most telling sign of the article’s bias is the use of the word “guru.” Why use a loaded term like “guru” instead of “expert” to describe career coaches? As I frequently remind my clients, language shapes perception. Ph.D.s are more likely to be seen as industry-ready professionals if they use terms like “multi-year research project” instead of “dissertation” or “stakeholders” instead of “academic advisers.” The same logic applies here—calling career coaches “gurus” trivializes our work, implying we are self-appointed influencers rather than qualified professionals. I’ll never forget the professor who once tweeted, “If life outside of academia is so great, why do alt-ac gurus spend so much time talking about it? Don’t they have better things to do?”

    My response? “I wouldn’t have to do this if professors provided ANY professional development for non-academic careers.”

    Because contrary to what the article claims, I didn’t start my coaching business because I wished there were more resources available to me. I started it because, after I quit my postdoctoral fellowship for an industry career, I spent untold hours providing uncompensated career support to Ph.D.s. For nearly two years, I responded to thousands of messages, created online resources, reviewed résumés and met one-to-one with hundreds of Ph.D. students, postdocs and even tenured professors—all for free, in my leisure time. Eventually, I burned out from the incessant demand. I realized that, if I was going to continue pouring my time into helping Ph.D.s, I needed to be compensated. That’s when I started my business.

    Academia conditions us to see for-profit businesses as unethical, while “nonprofit” universities push students into a lifetime of high-interest debt. It convinces us that charging for expertise is predatory, while asking Ph.D.s to work for poverty wages is somehow noble. It forces us to internalize the idea that, if you truly care about something, you should sacrifice your well-being and life for it. But our time is valuable. Our skills are valuable. We deserve to be fairly compensated for our labor, inside and outside of academia.

    Career coaching isn’t the problem. The real problem is that academia still refuses to take a critical look in the mirror.

    Ashley Ruba is the founder of After Academia.

    Source link

  • Coming soon: ‘Executive Watch’ — Tracking the Trump Administration’s free speech record — First Amendment News 456

    Coming soon: ‘Executive Watch’ — Tracking the Trump Administration’s free speech record — First Amendment News 456

    To lift a line from the songwriter extraordinaire of our era, “the times they are a- changin’.” Indeed, they are — and this is certainly true in our own corner of the world, the world of free speech. 

    For better and worse, Donald Trump and his agents are rearranging the structure of free expression in America. Only a few weeks into his presidency, things are proceeding at a breakneck speed, with a flurry of executive orders flying out the windows of the White House. Even early on, there is a sense that what will follow may well mark one of those pinpoints in our history when that “experiment” of which Holmes spoke is tested. Whatever else happens, it is important that there is some record of these times and what happened in them. To that end, we will soon launch a new segment within FAN called “Executive Watch” to track it all: the President’s orders, the executive agencies’ actions, the activities of the President’s affiliates, and Mr. Trump’s personal undertakings.

    Enter Professor Timothy Zick, the William and Mary Law School Robert & Elizabeth Scott Research Professor and John Marshall Professor of Government and Citizenship. 

    Prof. Timothy Zick

    Zick is the author of five books on the subject: “Speech out of Doors: Preserving First Amendment Liberties in Public Places,” “The Cosmopolitan First Amendment: Protecting Transborder Expressive and Religious Liberties,” “The Dynamic Free Speech Clause: Free Speech and its Relation to Other Constitutional Rights,” “The First Amendment in the Trump Era,” and “Managed Dissent: The Law of Public Protest.” He is also the co-author of a First Amendment casebook, “The First Amendment: Cases and Theory.”

    For all of the above reasons and others, Professor Zick is well suited to undertake the “Executive Watch” bi-monthly feature of First Amendment News. 

    Even at this early stage, this project comes a time when news stories like the following 21 surface with increasing frequency:



    WATCH VIDEO: Trump Calls For Changes To First Amendment, Demands “Mandatory One-Year In Jail” For U.S. Flag Burning.

    By chronicling such information and then analyzing it, the hope is that our readers will have a more informed sense of the state of free speech at a time when so much is in flux. There is the hope that “Executive Watch” will prompt further discussion of that vital freedom that is at the core of constitutional government in America.

    FBI agents file First Amendment class action

    While FBI agents may be at-will employees who can, generally speaking, be fired for “any reason or no reason,” they can’t be fired for an unconstitutional reason, or as punishment for the exercise of their constitutional rights (e.g. he can’t fire all the African-American agents, or all the agents registered as Democrats).

    The Complaint, filed in DC District Court, is posted here. Plaintiffs are “employees of the FBI who worked on Jan. 6 and/or Mar-a-Lago cases, and who have been informed that they are likely to be terminated in the very near future for such activity.” They “intend to represent a class of at least 6,000 current and former FBI agents and employees who participated in some manner in the investigation and prosecution of crimes and abuses of power by Donald Trump, or by those acting at his behest.”

    Knight Institute on need for fact-checking platform

    [Recently] Meta announced changes . . . to its content moderation policies, including that it’s replacing third-party fact checking with a Community Notes model that allows users to publicly flag content they believe to be incorrect or misleading. 

    The following can be attributed to Katherine Glenn Bass, the Knight Institute’s research director:

    Katy Glenn Bass Research Director Knight Institute

    Katy Glenn Bass

    “Mark Zuckerberg’s announcement today is a stark reminder that many of the biggest platforms we use to communicate about issues of public importance are owned by billionaires who are not accountable to us. Apart from the obvious effort to signal political allegiance, the impact of the announced changes will not be clear for some time. But if we have any hope of measuring or understanding what is happening on these platforms, we need strong protections for the independent researchers and journalists who study them, and better mechanisms for ensuring they can access platform data.”

    In 2019, more than 200 researchers signed an open letter in support of the Knight Institute’s efforts to persuade Facebook to amend its terms of service to establish a “safe harbor” for public-interest journalism and research on the platform. Read more about that effort here.

    Shibley on Harvard’s anti-Semitism settlement

    Robert Shibley

    Robert Shibley

    Just one day after President Trump took office, Harvard agreed to settle two lawsuits brought against it by Jewish students that alleged the university ignored “severe and pervasive anti-Semitism on campus” and created “an unbearable educational environment” in the wake of the October 7, 2023, Hamas attack on Israel and the ongoing war in Gaza.

    While the settlement language itself does not appear to be public, a press release filed on the official docket of The Louis D. Brandeis Center for Human Rights Under Law v. President and Fellows of Harvard College included some details. Most notably, Harvard agreed to adopt the International Holocaust Remembrance Alliance’s (IHRA’s) definition of anti-Semitism. FIRE’s worry, shared by many others — including the definition’s primary author — is that, when added to policies used to punish discriminatory harassment on American campuses, the definition is too likely to be used to punish speech that is critical of Israel or its government but that is not motivated in animus against Jews or Israelis.

    FIRE has repeatedly proposed steps to address anti-Semitic discrimination on campus that would safeguard students from harassment while protecting freedom of speech, most recently in our inauguration-day letter to President Trump. Getting this right is important; any proposal that chills or censors protected speech on campus won’t pass constitutional muster at public universities, won’t square with free speech promises at private universities (like Harvard), and won’t effectively address anti-Semitism.

    Nevertheless, attempts to codify the IHRA definition of anti-Semitism into laws or regulations are nothing new. FIRE posted a roundup of the widespread civil libertarian opposition to its codification last year, when Congress considered adopting it as federal law. Among those opponents is the definition’s primary author, Kenneth Stern, who spoke at length with FIRE’s Nico Perrino on our So to Speak podcast about why it’s not the right tool for the job of regulating speech. As Stern wrote back in 2016 for The New York Times: “The definition was intended for data collectors writing reports about anti-Semitism in Europe. It was never supposed to curtail speech on campus. . . . And Jewish students are protected under the law as it now stands.” (Perhaps “as it is now written” would have been more precise; whether colleges follow the law is a different issue.)

    As Stern predicted in that piece:

    If this bill becomes law it is easy to imagine calls for university administrators to stop pro-Palestinian speech. Even if lawsuits alleging Title VI violations fail, students and faculty members will be scared into silence, and administrators will err on the side of suppressing or censuring speech.

    Stern’s prediction is about to receive ground testing at Harvard, and likely at other universities that may follow its lead.

    Forthcoming book: New edition of Neier’s ‘Defending My Enemy’

    A new edition of the most important free speech book of the past half-century, with a new essay by the author on the ensuing fifty years of First Amendment controversies.

    Cover of the book "Defending My Enemy: Skokie and the Legacy of Free Speech in America" by Aryeh Neier

    When Nazis wanted to express their right to free speech in 1977 by marching through Skokie, Illinois — a town with a large population of Holocaust survivors — Aryeh Neier, then the national director of the ACLU and himself a Holocaust survivor — came to the Nazis’ defense. Explaining what many saw as a despicable bridge too far for the First Amendment, Neier spelled out his thoughts about free speech in his 1977 book Defending My Enemy.

    Now, nearly fifty years later, Neier revisits the topic of free speech in a volume that includes his original essay along with an extended new piece addressing some of the most controversial free speech issues of the past half-century. Touching on hot-button First Amendment topics currently in play, the second half of the book includes First Amendment analysis of the “Unite the Right” march in Charlotteville, campus protest over the Israel/Gaza war, book banning, trigger warnings, right-wing hate speech, the heckler’s veto, and the recent attempts by public figures including Donald Trump to overturn the long-standing Sullivan v. The New York Times precedent shielding the media from libel claims.

    Including an afterword by longtime free speech champion Nadine Strossen, Defending My Enemy offers razor-sharp analysis from the man Muck Rack describes as having “a glittering civil liberties résumé.”

    Praise for Defending My Enemy

    “Aryeh Neier’s Defending My Enemy is as relevant today as it was when it was first published. The book is a powerful reminder of why free speech matters—not just for the voices we agree with, but for the voices we abhor. Neier’s story of defending Nazis’ rights to speak in Skokie underscores a timeless truth: If we want to preserve freedom for ourselves, we must be willing to defend it for others, no matter how deeply we disagree. At a time when censorship is on the rise globally, Defending My Enemy stands as a bold and principled call to action. Every advocate of free expression needs to read this book—and more importantly, live its lessons.” — Greg Lukianoff

    Forthcoming scholarly article: ‘Output of machine learning algorithms isn’t entitled to First Amendment protection’

    Stanford Law Review logo

    Machine learning algorithms increasingly mediate our public discourse – from search engines to social media platforms to artificial intelligence companies. And as their influence on online speech swells, so do questions of whether and how the First Amendment may apply to their output. A growing chorus of scholars has expressed doubt over whether the output of machine learning algorithms is truly speech within the meaning of the First Amendment, but none have suggested a workable way to cleanly draw the line between speech and non-speech.

    This Article proposes a way to successfully draw that line based on a principle that we call “speech certainty” – the basic idea that speech is only speech if the speaker knows what he said when he said it. This idea is rooted in the text, history, and purpose of the First Amendment, and built into modern speech doctrines of editorial discretion and expressive conduct. If this bedrock principle has been overlooked, it is because, until now, all speech has been imbued with speech certainty. Articulating its existence was never necessary. But machine learning has changed that. Unlike traditional code, a close look at how machine learning algorithms work reveals that the programmers who create them can never be certain of their output. Because that output lacks speech certainty, it’s not the programmer’s speech.

    Accordingly, this Article contends that the output of machine learning algorithms isn’t entitled to First Amendment protection. With the Supreme Court signaling its intent to address unresolved questions of online speech, we are poised to enter a new era of First Amendment jurisprudence in the coming years. As we do, scholars, practicing attorneys, and judges can no longer ignore how the algorithms underlying online speech actually work – and how they have changed with the advent of machine learning. 

    Without recognizing this paradigm shift in algorithmic speech, we risk sleepwalking into a radical departure from centuries of First Amendment jurisprudence. By failing to distinguish between traditional and machine learning algorithms, current consensus about algorithmic speech suggests that the Constitution should, for the first time in its history, protect speech that a speaker does not know he has said. Speech certainty provides a novel and principled approach to conceptualizing machine learning algorithms under existing First Amendment jurisprudence. 

    Related

    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 (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

    Last scheduled FAN

    FAN 455: “Eight free expression cases pending on SCOTUS docket

    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.

    Source link