Tag: News

  • Struggling soup kitchens and hospitals in Sudan face uncertainty amid U.S. aid freeze (CBS News)

    Struggling soup kitchens and hospitals in Sudan face uncertainty amid U.S. aid freeze (CBS News)

    When President Trump ordered a 90-day freeze on foreign aid, no one felt the impact more than the people of Sudan. Two years of civil war has left more than 25 million Sudanese starving in what is the largest humanitarian crisis the world has ever seen. Debora Patta reports.

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  • Teachers’ union sues to block Trump admin’s DEI guidance

    Teachers’ union sues to block Trump admin’s DEI guidance

    Pete Kiehart/The Washington Post/Getty Images

    A coalition of educators and sociologists is challenging the Department of Education and its unprecedented Dear Colleague letter—which declared all race-conscious student programming illegal—in a lawsuit filed late Tuesday evening.

    The American Federation of Teachers and the American Sociological Association argue in the complaint, which was submitted to a Maryland federal court, that following the letter’s dictates “will do a disservice to students and ultimately the nation by weakening schools as portals to opportunity.”

    “This vague and clearly unconstitutional memo is a grave attack on students, our profession and knowledge itself … It would hamper efforts to extend access to education, and dash the promise of equal opportunity for all, a central tenet of the United States since its founding,” AFT president Randi Weingarten said in a statement. “It would upend campus life.”

    The expected legal challenge came just three days before a Feb. 28 compliance deadline. The four-page guidance document says that colleges and universities must rescind any race-based policies, activities and resources by the end of the day or risk investigation and the loss of federal funding.

    The department justifies its demands through a new interpretation of the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard, which banned the consideration of race in college admissions. Although the Supreme Court’s decision applied specifically to admissions, the Trump administration believes it extends to all race-conscious activities.

    On Friday, a judge from the same federal court in Maryland issued a temporary injunction in a separate lawsuit that blocked parts of President Trump’s antidiversity executive orders.

    But higher education legal experts say that the Dear Colleague letter and the executive orders, though similar, are independent levers, so the injunction doesn’t affect the department’s guidance. The Education Department has also said it is still moving forward with its interpretation of the law and the deadline stands.

    So now all eyes are on this most recent court case, as higher education leaders wait to see if the judge will issue a second injunction and block the guidance.

    “The Department of Education’s new policy, reflected in the February ‘Dear Colleague’ letter, seeks to undermine our nation’s educational institutions and is an unlawful attempt to impose this administration’s particular views,” said Skye Perryman, president of Democracy Forward, the legal group representing the plaintiffs. “We will continue to pursue every legal opportunity to oppose and stop harmful attacks on freedom of expression and on the values like inclusion, diversity and belonging that make us all and our nation stronger.”

    In the meantime, higher education advocacy groups are urging colleges and universities to stay calm and not overreact to the Dear Colleague letter.

    On Tuesday the American Council on Education sent a letter to Craig Trainor, the acting assistant secretary of civil rights, requesting that he “rescind the DCL” and work with higher education institutions to ensure a clearer understanding of the letter before setting a new compliance deadline.

    “Over the last two years, our colleges and universities have worked hard to assess and modify, as appropriate, policies and practices in light of the decision in the SFFA case and applicable civil rights laws,” ACE president Ted Mitchell wrote. “It is unreasonable for the department to require institutions to appropriately respond to this extremely broad reinterpretation of federal law in a mere two weeks and in the absence of necessary guidance.”

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  • Alex Kozinski on JD Vance’s censorship speech — First Amendment News 459

    Alex Kozinski on JD Vance’s censorship speech — First Amendment News 459

    The Wall Street Journal recently published an op-ed by former Ninth Circuit Judge Alex Kozinski in which he, among other things, praises Vice President JD Vance’s recent speech in Munich about the evils of censorship in Europe — which included references to Kozinski’s birthplace, Romania

    Judge Alex Kozinski

    True to form, the Kozinski article was bold in ways certain to provoke criticism. Below are a few “fair use” excerpts:

    JD Vance’s speech to the Munich Security Conference . . . mentioned the Romanian election twice and held it up as a cautionary tale of what can happen to societies that seek to coerce rather than persuade, suppress rather than debate.

    Could American elections be canceled next? Some states came close in 2024 by attempting to remove from their ballots the candidate who eventually won the presidency. There was no uproar; the Supreme Court had to intervene. . . If enough panic is stirred up, canceling elections isn’t inconceivable.

    Our legacy media have greeted Mr. Vance’s speech largely with disdain and horror. They are wrong. The speech is epic. It reminds Europeans and Americans that the values of the Enlightenment, as captured in our Constitution—not least the right to think, speak and debate freely—are the glue that binds us together. If we don’t defend those values, there isn’t much left worth defending. 

    Related

    Missouri Attorney General Andrew Bailey announced today that the United States District Court for the Western District of Louisiana granted his motion to block top officials in the federal government from continuing to violate the First Amendment rights of millions of Americans. The judge’s ruling is 155 pages long and includes 721 footnotes.

    The judge had harsh words for the federal officials. He noted that this is “the most massive attack against free speech in United States’ history,” that the Biden administration has “blatantly ignored the First Amendment’s right to free speech,” and that the Biden administration “almost exclusively targeted conservative speech.”

    Attorney General Bailey’s motion for preliminary injunction, which he filed with Louisiana Attorney General Jeff Landry, highlighted over 1,400 facts from more than 20,000 pages of evidence exposing the vast censorship enterprise coordinated across multiples [SIC] agencies within the federal government. [reversed on standing grounds in Murthy v. Missouri (2024)] 

    SCOTUS denies review in ‘buffer zone’ abortion clinic protest cases 

    The case is Coalition Life v. City of Carbondale (Paul Clement, counsel for Petitioner). Earlier this week the Court denied review, with Justice Thomas dissenting (and with Justice Alito voting to grant certiorari). In this case, the Justices were invited to reconsider and reverse Hill v. Colorado

    Clarence Thomas official SCOTUS portrait

    Justice Clarence Thomas

    Below are a few excerpts from Justice Thomas’ dissent:

    It is unclear what, if anything, is left of Hill. As lower courts have aptly observed, Hill is “incompatible” with our more recent First Amendment precedents. Price v. Chicago, 915 F. 3d 1107, 1117 (CA7 2019) (opinion of Sykes, J., joined by Barrett, J.). Start with McCullen v. Coakley, 573 U. S. 464 (2014). There, this Court unanimously held unconstitutional a Massachusetts law that prohibited anyone from entering a 35-foot buffer zone around an abortion facility. Id., at 471– 472, 497. In doing so, the Court determined that the law was content neutral because—rather than targeting certain kinds of speech such as protest, education, and counseling—the law prohibited virtually any speech within the buffer zone. Id., at 479. The Court made clear, however, that the law “would be content based if it required ‘enforcement authorities’ to ‘examine the content of the message’” to determine whether the law applied. Ibid. That position is irreconcilable with Hill, which the Court did not even bother to cite.

    Hill is likewise at odds with Reed v. Town of Gilbert, 576 U. S. 155 (2015). Reed involved a First Amendment challenge to a town’s sign code that regulated various categories of signs based on “the type of information they convey.” Id., at 159. Relying on Hill, the Ninth Circuit concluded that the sign code was content neutral, reasoning that the town “‘did not adopt its regulation of speech because it disagreed with the message conveyed’” and its “‘interests in regulat[ing] temporary signs are unrelated to the content of the sign.’” 576 U. S., at 162. That court then applied a lower level of scrutiny and upheld the code. Ibid. We reversed, holding that a speech regulation is content based—and thus “presumptively unconstitutional”—if it “draws distinctions based on the message a speaker conveys.” Id., at 163.

    Our post-Reed decisions have firmly established Hill’s diminished status. In City of Austin, for example, the majority ran as far as it could from Hill, even though Hill was the one “case that could possibly validate the majority’s aberrant analysis” on the constitutionality of restrictions on bill-board advertising. 596 U. S., at 86, 102 (opinion of THOMAS, J.). The majority nonetheless insisted that any alleged similarity was “a straw man,” rejecting the notion that its opinion had “‘resuscitat[ed]’” Hill, and reminding readers that it did “not cite” the decision at all. 596 U. S., at 76. Our latest word on Hill—expressed in a majority opinion joined by five Members of this Court—is that the decision “distorted [our] First Amendment doctrines.” Dobbs, 597 U. S., at 287, and n. 65. If Hill’s foundation was “deeply shaken” before Dobbs, see Price, 915 F. 3d, at 1119, the Dobbs decision razed it.

    [ . . . ]

    Hill has been seriously undermined, if not completely eroded, and our refusal to provide clarity is an abdication of our judicial duty.

    The Court also denied review in Turco v. City of Englewood, New Jersey (another abortion “buffer zone” case) (Justices Thomas and Alito voted to grant the petition).

    Defendants’ motion to dismiss complaint in Iowa pollster ‘fraud’ case

    Iowa pollster Ann Selzer with a Des Moines Register headline and Donald Trump silhouette in the background

    The plaintiffs “can no more sue a newspaper pollster for diverted resources than a farmer could sue a TV weatherman for crop damage due to unexpected frost.”

    Below are a few excerpts from the motion to dismiss in Trump v. Selzer (US Dist. Ct., S. Dist., Iowa, Case 4:24-cv-00449-RGE-WPK: Feb. 21) (Robert Corn-Revere, lead counsel for Defendants):

    FIRE Chief Counsel Bob Corn-Revere

    Robert Corn-Revere, lead counsel for Defendants.

    Introduction 

    Plaintiffs’ claims are barred by the First Amendment and the Court should dismiss them with prejudice. In the United States there is no such thing as a claim for “fraudulent news.” No court in any jurisdiction has ever held such a cause of action might be valid, and few plaintiffs have ever attempted to bring such outlandish claims. Those who have were promptly dismissed. [citations]

    There is good reason for this. History’s judgment repudiated the 1798 Sedition Act which prohibited “false, scandalous and malicious . . . writings against the government of the United States” or its president, and that fraught episode “first crystallized a national awareness of the central meaning of the First Amendment.” N.Y. Times Co. v. Sullivan, 376 U.S. 254, 273 (1964). Since then, courts at all levels have confirmed our “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open,” id. at 270, holding that speech is presumptively protected unless it falls within one of a few limited and narrowly defined categories. United States v. Stevens, 559 U.S. 460, 468–70 (2010). Those categories do not include a general exception for “false speech,” United States v. Alvarez, 567 U.S. 709, 722 (2012). 

    Plaintiffs seek to illegitimately expand them to include “fake news,” a tag line that may play well for some on the campaign trail but has no place in America’s constitutional jurisprudence. In this regard, civil damages, no less than criminal sanctions, cannot lie against protected speech. Snyder v. Phelps, 562 U.S. 443 (2011); Sullivan, 376 U.S. at 277. 

    Even if such a cause of action existed, the Amended Complaint is fatally flawed on every level: Plaintiffs fail at the threshold to allege any recoverable damages, and do not state plausible claims, either on the law or on the facts as alleged. No court has ever accepted claims like these, and this Court should not be the first. 

    [ . . . ]

    Plaintiffs Illegitimately Seek to Create a New First Amendment Exception. 

    Mr. Trump and his co-plaintiffs assume “false news” falls outside the First Amendment’s protection, but over 200 years of American free speech law and practice prove otherwise. 

    “Authoritative interpretations of the First Amendment guarantees have consistently refused to recognize an exception for any test of truth—whether administered by judges, juries, or administrative officials—and especially one that puts the burden of proving truth on the speaker.” Id. at 271. 

    As the Supreme Court recently explained, “[o]ur constitutional tradition stands against the idea that we need Oceania’s Ministry of Truth.” Alvarez, 567 U.S. at 723. 

    “From 1791 to the present . . . the First Amendment has permitted restrictions upon the content of speech in a few limited areas, and has never include[d] a freedom to disregard these traditional limitations.” Stevens, 559 U.S. at 468 (cleaned up). These “historic and traditional categories long familiar to the bar” include obscenity, child pornography, defamation, fraud, incitement, fighting words, and speech integral to criminal activity. Id. (cleaned up) (collecting cases). Former Justice Souter observed that “[r]eviewing speech regulations under fairly strict categorical rules keeps the starch in the standards for those moments when the daily politics cries loudest for limiting what may be said.” Denver Area Educ. Telecomms. Consortium, Inc. v. FCC, 518 U.S. 727, 774 (1996) (Souter, J., concurring). Consequently, the Court steadfastly resists efforts to increase or expand the boundaries of these categories as “startling and dangerous” and has rejected any “freewheeling authority to declare new categories of speech outside the scope of the First Amendment.” Stevens, 559 U.S. at 470, 472. 

    Plaintiffs try to shoehorn their claims into an existing category by calling the Iowa Poll “fake” and asserting actionable “fraud” occurred. But “in the famous words of Inigo Montoya from the movie The Princess Bride, ‘You keep using that word. I do not think it means what you think it means.’” [citation] As a matter of basic law, Plaintiffs’ allegations about polls and news stories they dislike have nothing to do with fraud. [reference] I.B. They also sprinkle the complaint with loose talk of “election interference,” [citation], although they stop short of including a separate claim on that basis, perhaps out of awareness that “no court has held that a scheme to rig an election itself constitutes money or property fraud.” [citation] 

    Categories of unprotected speech are defined by precise legal tests, and Plaintiffs cannot stretch those boundaries to serve a political narrative. The Supreme Court routinely rejects attempts to broaden those limits based on assertions that the speech at issue is somehow “like” a recognized exception. Seee.g., Stevens, 559 U.S. at 470–71 (Other “descriptions are just that— descriptive. They do not set forth a test that may be applied as a general matter . . . .”); Brown v. Ent. Merchs. Ass’n, 564 U.S. 786, 793–96 (2011) (rejecting “attempt to shoehorn speech about violence into obscenity,” citing a lack of “longstanding tradition in this country” restricting such speech); Hustler Mag., Inc. v. Falwell, 485 U.S. 46, 55–56 (1988) (rejecting bid to leave “outrageous” speech unprotected because it “does not seem to us to be governed by any exception to the . . . First Amendment”); Alvarez, 567 U.S. at 721–22 (“The Government has not demonstrated that false statements . . . should constitute a new category of unprotected speech” based on a “tradition of proscription.”) (quotation omitted). 

    Because the categories are governed by history and tradition, the Plaintiffs could not have chosen a worse candidate for inclusion than “fake news.” America’s first experience with prohibiting false news — the Sedition Act of 1798 — expired under its own terms, and all fines assessed under that misbegotten law were remitted. President Thomas Jefferson denounced it as an unconstitutional “nullity, as absolute and palpable as if Congress had ordered us to fall down and worship a golden image.” Sullivan, 376 U.S. at 272–76. While the Supreme Court never adjudicated the Sedition Act’s attempt to punish “false” writings about public officials, “the attack upon its validity has carried the day in the court of history,” defined “the central meaning of the First Amendment,” id., and conditioned “the fabric of jurisprudence woven across the years.” [citation] 

    Plaintiffs’ quest to punish “fake news” not only ignores this history, it also fumbles the conceptual basis for unprotected speech categories, which the Court first described as speech “of slight social value.” Chaplinsky v. New Hampshire, 315 U.S. 568, 572 (1942). Here, Plaintiffs seek to create a new First Amendment exception for speech that has always received the highest level of constitutional protection — political speech and commentary. In a word, it just doesn’t fit. 

    The Supreme Court has repeatedly reaffirmed that the First Amendment “‘has its fullest and most urgent application’ to speech uttered during a campaign for political office.” Citizens United v. FEC, 558 U.S. 310, 339 (2010) (citation omitted). Speech about the political process is “at the core of our First Amendment freedoms,” Republican Party of Minn. v. White, 536 U.S. 765, 774 (2002), because a “major purpose” of the First Amendment was to protect “free discussion of . . . candidates.” Mills v. Alabama, 384 U.S. 214, 218 (1966). Accordingly, the “First Amendment affords the broadest protection” to “[d]iscussion of public issues and debate on” the political process. McIntyre v. Ohio Elections Comm’n, 514 U.S. 334, 346 (1995) (citation omitted). Political polling is “speech protected by the First Amendment” both because it “requires a discussion between pollster and voter” and the resulting poll itself “is speech.” [citation]

    The First Amendment accords speech in this area wide berth because “erroneous statement[s] [are] inevitable in free debate, and [they] must be protected if the freedoms of expression are to have the breathing space that they need to survive.” Sullivan, 376 U.S. at 271– 72 (cleaned up). Efforts to regulate “truth” in political commentary are thus presumptively unconstitutional and subject to strict scrutiny. [citations] Bottom line, political polls and news reports are not the stuff of which First Amendment exceptions are made. 

    Related

    The Associated Press sues Trump administration 

    The Associated Press sued three Trump administration officials Friday over access to presidential events, citing freedom of speech in asking a federal judge to stop the 10-day blocking of its journalists.

    [ . . . ]

    The AP says its case is about an unconstitutional effort by the White House to control speech — in this case refusing to change its style from the Gulf of Mexico to the “Gulf of America,” as President Donald Trump did last month with an executive order. “The press and all people in the United States have the right to choose their own words and not be retaliated against by the government,” the AP said in its lawsuit, which names White House Chief of Staff Susan Wiles, Deputy Chief of Staff Taylor Budowich and Press Secretary Karoline Leavitt.

    Emergency hearing request and motion in opposition 

    Related

    Executive Watch


    WATCH VIDEO: Trump escalates attacks on the free press

    Forthcoming scholarly article: Lakier & Douek on stalking and the First Amendment

    Professors Genevieve Lakier (left) and Evelyn Douek (right)

    Professors Genevieve Lakier (left) and Evelyn Douek (right)

    In Counterman v. Colorado, the Supreme Court decided an imaginary case. It held that Billy Ray Counterman’s conviction could not stand because it did not meet the First Amendment requirements for prosecutions based on threats. But this is puzzling because Counterman was not in fact convicted for making threats. He was convicted of stalking, under a law that does not require that the defendant threaten anyone in order to be guilty of the crime. 

    This Article argues that the Supreme Court’s confusion about the most basic facts of the case was not an aberration but instead reflects broader pathologies in First Amendment jurisprudence. These pathologies are a consequence of the impoverished view of the First Amendment’s boundaries depicted in the Court’s recent decisions, which suggest that the First Amendment’s doctrinal terrain can be described by a simple list of historically unprotected categories. 

    This thin account of the First Amendment, and the doctrinal distortions it creates, are not inevitable, however. The Article argues for an alternative, more multi-dimensional approach to the question of the First Amendment’s boundaries — one that rests on a richer understanding of the traditions of speech regulation in the United States — and sketches out its implications for the law of stalking and, potentially, many other areas of free speech law. Courts do not need to deny the facts of the cases they adjudicate to craft a First Amendment jurisprudence that is doctrinally coherent, historically informed, and normatively desirable. 

    ‘So to Speak’ podcast: Corn-Revere and London on censorship at home and abroad


    From JD Vance’s free speech critique of Europe to the Trump administration barring the Associated Press from the Oval Office, free speech news is buzzing. General Counsel Ronnie London and Chief Counsel Bob Corn-Revere unpack the latest developments.

    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

    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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  • An argument against teaching demos (opinion)

    An argument against teaching demos (opinion)

    I have always found the teaching demo portion of a faculty job candidate’s visit to be the least useful component of assessing that individual’s fit for the position. Think about it—for teaching-focused institutions, teaching demos are held in high regard and are often a mandatory component of candidate job-talk visits. The prevalent belief appears to be that without seeing an individual in action in front of a live classroom, one cannot assess their teaching ability.

    To me, it seems rather like expecting an interviewing physician to come into an ongoing surgery and take over the operation for half an hour before retreating and handing the patient back to the original surgeon. This seems hardly fair to the visiting physician or the beleaguered patient.

    A teaching demo often involves the job candidate having to go teach a portion of a lecture in an already existing and functioning course. Right off the bat, the entire premise of the teaching demo is unnatural and flawed. Neither the demo giver nor the demo receivers benefit, and the observers (i.e., the hapless search committee members), who are the ones most invested in the demo, gain nothing of value, either. Yes, maybe you can determine in 20 minutes how a candidate speaks in front of an audience, but that factoid can be gathered from a research or job talk presentation as well. In that job talk presentation, perhaps the candidate can also talk about his or her teaching philosophy. That to me seems more valuable and more useful information to gather.

    One big issue for me about the teaching demo is that the students in attendance know it’s a demonstration and are probably not too fussed about paying too much attention, knowing that whatever the demonstration covers, the contents are unlikely to make it into the exams or quizzes given by their regular instructor. So it would not be surprising if they base their evaluations entirely on random criteria, such as one’s sense of sartorial style.

    Essentially, the demo serves as a distraction for students—a way to let their minds wander from their regular programming. I would argue that this sort of demoing is disruptive for student learning and regular instructor teaching. We are taking away valuable time that students would have gotten their regular teaching in order to subject them to a teaching demo, which they know doesn’t matter in the long run.

    And of course, this sort of demo interrupts the teaching plans of the regular instructor. Now that instructor has to hang around for the length of the time of the demo letting their attention wander, just like the students. And then the instructor has to go back to their regular class, out of which half an hour or longer has already been squandered.

    Furthermore, whatever evaluations are garnered from the teaching demo are not exactly trustworthy. There is evidence that course evaluations (conducted after an entire semester) are biased against women and minority professors. And mind you, that’s after an entire semester—how on Earth can one expect a 25- to 35-minute demo evaluation to be unbiased? They most assuredly are not unbiased and are probably reflective of similar biases against minority and women candidates. I’ve been on and chaired several search committees, and have seen some really random comments listed on the demo evaluations. Needless to say, those comments were not germane to the actual situation, in that they provided no useful evidence about the candidate’s teaching ability.

    Also, these sorts of teaching demos are especially rough on candidates who have social anxiety or are introverted. Teaching involves building rapport with your students—20 minutes is hardly enough time to do that. It is entirely possible for a candidate to be unfairly assessed based on a tiny sliver of time. A great teacher could have a bad teaching demo, and a poor teacher could have a great teaching demo—how accurate is it to judge someone’s teaching abilities based on a short lecture? Wouldn’t it be more accurate to actually take the time to pore over the candidate’s teaching evaluations instead? Yes, they are prone to error, but it stands to reason they are not as prone to error as a teaching demo. Preferring a teaching demo over a more complete semester-long evaluation is akin to judging a movie from its trailer. A trailer can be great, but the movie may still be terrible. Ditto with teaching demos.

    Alternatives to Teaching Demos

    I propose some alternatives to teaching demos. The first is to include a small teaching portion in the job talk itself. Give the candidate the leeway to talk about his or her teaching philosophy and perhaps about their approach to pedagogy. That, when combined with actual semester teaching evaluations, would be far more useful than a 20- or 30-minute demo. Anyone can fake being nice and approachable for 20 or 30 minutes—doing that over the course of a semester is a lot more difficult. Even faculty members who are perceived as rude and unapproachable by their usual students can pass themselves off as wonderful and approachable for a 20-minute window. How they behave throughout the semester is far more useful and predictive information.

    Another alternative to a live teaching demo could be to make it asynchronous. Have the candidate record a video lecture of themselves, and then have faculty and students watch the video to rate the candidate on their teaching performance. After all, the goal is to see how the candidate presents and teaches—why not take away the anxiety component of the live demo and instead make it a lot more equitable? Sure, recording a video could be anxiety-provoking in its own right, but it can’t be more anxiety-provoking than a live demo in front of a crowd, can it?

    The third alternative to live teaching demos is to open up the candidate’s research presentation to students as well. Far too often, the research presentations are only attended by department faculty members (some of whom have to be reluctantly corralled from their offices by the search committee chair). Opening these presentations up to students would serve a dual purpose, both bolstering the audience numbers and giving the students attending a good idea of how the candidate communicates. This does much the same job that the teaching demo does, but more effectively and efficiently.

    Conclusion

    To conclude, I am suggesting that we do away with the teaching demos in faculty job candidates’ visits. It is high time that we eliminate useless rituals that we follow just because of tradition. Let’s send teaching demos the way of the dodo.

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  • What college presidents are thinking about in 2025

    What college presidents are thinking about in 2025

    College presidents showed tepid support for tenure with a little more than a third agreeing that the pros outweigh the cons, according to Inside Higher Ed’s 2025 Survey of College and University Presidents, conducted with Hanover Research and released in full today.

    That was just one of many findings across the annual survey, now in its 15th year.

    Presidents were optimistic in some areas, with most expressing confidence that their institutions will be financially stable over the next five to 10 years and positivity about the job itself. But campus leaders also expressed concerns about politicians trying to shape institutional strategies, which they see as an increasing risk, plus a seeming lack of improvement on undergraduate mental health, even as campuses make more investments in related services.

    Inside Higher Ed earlier this month released a portion of the survey findings that unpacked how presidents viewed the second Trump administration. The bulk of the survey’s political findings were covered in that initial release, with college presidents largely worried President Donald Trump will negatively affect higher education in this new term.

    This year’s survey included responses from 298 respondents across two- and four-year institutions, including public, private nonprofit and a small number of private for-profit colleges.

    More on the Survey

    Inside Higher Ed’s 2025 Survey of College and University Presidents was conducted with Hanover Research starting in December and running through Jan. 3. The survey included 298 presidents of two- and four-year institutions, public and private, for a margin of error of 5 percent. Download a copy of the free report here.

    On Wednesday, March 26, at 2 p.m. Eastern, Inside Higher Ed will present a webcast with campus leaders who will share their takes on the findings. Register for that discussion here.

    Faculty Tenure

    Tenure is often championed by professors and presidents alike for the protections it provides when it comes to issues of academic freedom. But just over a third of college presidents surveyed here—37 percent—indicated that the pros of tenure outweigh the cons.

    By institution type, presidents at public doctoral universities were most likely to support tenure, with 82 percent agreeing that the pros outweigh the cons.

    The overall finding came as a surprise to some observers, especially as politicians in some states are increasingly taking aim at tenure.

    Anne Harris, president of Grinnell College in Iowa, said she was surprised that presidential support was so low, adding that tenure plays an important role at liberal arts colleges, such as the one she leads.

    “For the small liberal arts college model, tenure is the continuity of mentorship, of advising, of those long-term relationships that we rely on … to see students through, to high graduation rates, to all those things,” she said. “From my perspective, the pros are very, very salient for what tenure does, not just for academic freedom and for the pursuit of research, but also for what it does for the continuity of advising and mentoring for students.”

    Michael Harris, a professor of higher education at Southern Methodist University (and no relation to the Grinnell College president), noted tenure can “be a thorn in the side of presidents and provosts” but that it can also serve as a buffer to political attacks on academic freedom.

    “It’s disappointing to me that presidents don’t have a better opinion of tenure, particularly in this current moment. I understand the challenges that tenure causes, and how it might limit the institution financially, or in decision-making—well-known areas where tenure can slow things down. But at this moment it’s just disappointing to me that there wasn’t more belief in tenure,” Harris said.

    Yet he believes that even the presidents who don’t like tenure will continue to protect it.

    “Presidents understand—even if tenure is a pain for them to deal with—the damage it would do to them in recruiting faculty [to lose tenure]. So there’s a self-interested argument on keeping tenure, even if they personally would like for the whole industry to get rid of it.”

    Campus Speech

    After pro-Palestinian student protests broke out on campuses nationwide over the bloodshed in the war between Israel and Hamas, many institutions changed their campus speech policies. Almost half of presidents surveyed—45 percent—noted that their institution updated its speech policies within the last 18 months, with public institution leaders most likely to say so.

    Additionally, almost a third of survey respondents (29 percent) indicated that their campus has an institutional neutrality policy, according to which college leaders should not comment on social or political matters that do not directly threaten the core mission. Such policies saw an uptick amid the fallout of the recent protests, which many congressional Republicans cast as antisemitic.

    Few respondents whose institution does not already have an institutional neutrality policy said it’s likely to adopt one.

    Despite recent student protests, presidents overwhelmingly blamed politicians for escalating tensions over campus speech concerns, versus other groups: Some 70 percent said politicians were primarily at fault, while just 18 percent blamed students.

    Presidents speaking on a panel about the survey findings at the American Council on Education’s annual meeting in Washington on Feb. 12 suggested campus speech concerns are overblown.

    “One incident goes viral, it gets all sorts of publicity,” Jon Alger, president of American University, said, while arguing that “99 percent of campus conversations” typically go well.

    Félix V. Matos Rodríguez, chancellor of the City University of New York, also speaking at ACE, said that social media often inflates speech issues with incomplete narratives for the sake of virality. He added that outside actors also weaponize such tensions to further their own political agendas.

    In a separate December survey of two- and four-year students by Inside Higher Ed and Generation Lab, nearly all respondents supported institutional efforts to promote civil dialogue, and 40 percent were at least somewhat concerned about the climate for civil dialogue and student free expression at their institution.

    Economic Confidence

    Presidents surveyed expressed strong financial confidence, despite difficult headwinds for the industry in recent years, which have seemingly been exacerbated by Trump’s recent executive actions threatening funding, prompting hiring freezes and more.

    Among respondents, 87 percent signaled that they expect their institution to be financially stable over the next five years, and 83 percent said the same over a 10-year timeline. But nearly half of presidents, 49 percent, believe their institution has too many academic programs and needs to close some. Some 19 percent responded that they had serious merger or acquisition talks recently, about the same as last year’s survey.

    This year, most of the presidents weighing mergers cited a desire to ensure their institution’s financial stability and sustainability, rather than risk of closure.

    Nine percent of all presidents said it’s somewhat or very likely that their institution will merge into or be acquired by another college within the next five years, with presidents of private nonprofit baccalaureate institutions especially likely to say so (21 percent).

    Presidents also saw risks beyond the business side. More than half—60 percent—believe politicians’ efforts to influence strategy are an increasing risk to their institution.

    However, some presidents at public institutions see that tension as inherent to the sector.

    “I think we’re a little bit naïve if we expect to be totally independent from the voices of our elected officials in helping to set the direction they think is important for the public investment that is being made in our institutions,” said Brad Mortensen, president of Weber State University in Utah.

    Presidents of public and private nonprofit institutions expressed similar levels of concern on this point.

    Being a President

    Most presidents like the job, even if they question how their time is spent. The overwhelming majority of respondents—89 percent—agreed, at least somewhat, that they enjoy being a college president.

    Additionally, 88 percent of respondents said that their own governing boards were supportive.

    However, more than half—56 percent—question whether the presidency can be capably handled by one person. Presidents also indicated they would prefer to focus on strategic planning, fundraising and community engagement but often find other pressing demands, such as dealing with personnel issues and managing institutional finances, eating into their time.

    A quarter of respondents said that the hardest part of the job was navigating financial constraints. Other areas of difficulty that emerged in the survey include too many responsibilities with too little time to do the job, enrollment challenges and external political pressures.

    Asked how long they expected to be in their job, a plurality (47 percent) answered five years.

    Harris, the SMU professor, is skeptical that most presidents will last that long. He said the finding that nearly half of presidents expected to be in their jobs over the next five years prompted him to “laugh out loud,” and he noted that data from ACE’s latest American College President Survey showed the tenure for college leaders has fallen to just over five years.

    “Either a whole bunch of first-year presidents filled out the survey and they’re going to stay another five years, or somebody is missing the boat on how long they’re actually going to serve,” he said. For reference, the plurality of survey respondents, 33 percent, have served as president of their current institution for five to 10 years. The rest were roughly split between less than three years, three to approaching five years and 10 or more years served.

    Last year saw numerous high-profile presidents abruptly resign, including from the nation’s wealthiest institutions—some of whom had only been in the job for a matter of months.

    Student Mental Health

    College presidents also expressed confidence about their institution’s approach to student mental health.

    The overwhelming majority reported that their institution has done a good or excellent job of promoting student health and wellness across multiple areas. On mental health, in particular, 81 percent said this. And 69 percent said that their institution has been effective in addressing the student mental health crisis, though only 37 percent felt the same was true of the sector as a whole.

    Despite the confidence in their institution’s efforts, only 44 percent of presidents somewhat or strongly agreed that undergraduate mental health is improving on their campus. Just 23 percent said the same of undergraduate mental health across higher education.

    Harris, the Grinnell College president, suggested that finding may not be cause for alarm but rather for deliberation. She noted that “more students accessing mental health resources, to me, is not necessarily a sign of a mental health crisis, it’s a sign of mental health self-advocacy.” Still, she said that colleges still need to develop a better understanding of student mental health issues.

    Other Findings

    Artificial intelligence is another category that prompted mixed feelings.

    About half of respondents—51 percent—believe their institution is responding adeptly and appropriately to the rise of AI, but only 29 percent said the same was true across the sector.

    About the same share over all (52 percent) said their institution had established a campuswide AI task force or strategy.

    Survey respondents noted that the most common uses for AI for their institutions included virtual chat assistants and chat bots, research and data analysis, predictive analytics to identify student performance and trends, learning management systems, and use in admissions processes.

    A third of presidents (32 percent) said their institution has set specific climate-related or environmental sustainability goals. Institutions in the Northeast and West appeared to lead here and on other sustainability-related questions, by region.

    The survey period ended Jan. 3, ahead of Trump taking office for a second term and ahead of his administration issuing a Dear Colleague letter attempting to dramatically widen the scope of the Supreme Court’s 2023 ruling against affirmative action in admissions in Students for Fair Admissions v. Harvard.

    At the time of the survey, nearly all presidents (88 percent) said their institution had been able to maintain or increase previous levels of student diversity since that Supreme Court decision. Looking only at presidents whose institutions previously practiced affirmative action (n=22), closer to half said they’d been able to maintain or increase previous levels of diversity.

    Separately, 10 percent of all presidents said their institution had curtailed diversity, equity and inclusion efforts beyond admissions since the decision, with presidents in the South and Midwest likeliest to say this, by region.

    Groups such as ACE have cautioned against anticipatory compliance to the Education Department’s Dear Colleague letter, which does not have the force and effect of law. Other legal experts note that the letter is not subject to the current preliminary injunction against parts of two White House executive orders that also seek to limit diversity, equity and inclusion efforts.

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  • Data stories from Achieving the Dream’s latest award winners

    Data stories from Achieving the Dream’s latest award winners

    Each year, Achieving the Dream lifts up at least one community college in its network for adopting practices and strategies leading to a student-focused culture, notable increases in student outcomes and a reduction of equity gaps.

    To be eligible for the Leah Meyer Austin Award, an institution must demonstrate four-year improvement of at least three percentage points in the IPEDS on-time completion for the level of associated credential awarded, or have been selected as one of the top 150 colleges in the Aspen Prize for Community College Excellence. The achievements of this year’s honorees—Chattanooga State Community College in Tennessee and Southwestern Oregon Community College—show how a holistic approach to student success that exists through the institution can result in whole-college transformation.

    Setting the bar: In evaluating applicants, ATD considers gateway metrics, including leading indicators (early momentum metrics) and lagging indicators (completion or transfer), with substantial improvement of three percentage points or more over three years.

    Equity metrics may highlight data such as the equity gap improvement between part-time and full-time student outcomes or between Pell-eligible and non-Pell-eligible students. Substantial improvement means closing or narrowing equity gaps over three years by at least two percentage points.

    The following data demonstrate not just what Chattanooga State Community College and Southwestern Oregon Community College did to earn their honor, but also ways that other institutions can tell their own data stories.

    Chattanooga State Community College actions and results: The Vision 2027 strategic plan has inspired a shift from 15-week to seven-week terms, more personalized academic advising, strengthened commitments to basic needs assistance and wraparound support services, and implementation of an affordable course materials program.

    • Fall-to-fall persistence rate from the fall 2019 cohort to the fall 2022 cohort saw a 7.1-percentage-point gain.
    • The credit completion rate jumped from 54.6 percent among the 2020 fall cohort to 66.4 percent among the fall 2023 cohort.
    • Articulation agreements and course road maps related to Tennessee Transfer Pathways resulted in an 8.2-percentage-point climb in the rate of students who transfer and earn a baccalaureate degree within six years of matriculating between the fall 2015 cohort and the fall 2018 cohort.
    • The adoption of a co-requisite model, with embedded tutors, for gateway English and math courses led to a rise in gateway math completion from 38.5 percent for the fall 2020 cohort to 49.5 percent for the fall 2023 cohort. Completion rates for gateway English courses, meanwhile, grew from 49.3 percent to 66.6 percent in that time frame. Approximately 45 to 48 percent of the college’s student population is still developing essential college-level academic skills.

    Southwestern Oregon Community College actions and results: This rural institution’s recent efforts have included engaging and supporting its community’s adult and part-time learner populations, such as by creating targeted student orientations, evaluating community practices and its portfolio of academic and workforce programs, meeting the special financial needs of first-generation adult learners, and improving online services (40 percent of Southwestern’s overall student body are online learners).

    • In comparing the 2017 cohort to the 2020 cohort, the four-year completion rate among part-time learners improved by 8.7 percentage points, narrowing the equity gap between adult learners and traditional-aged learners by 3.2 percentage points. Between adult learners and traditional-aged learners, the gap narrowed by 6.7 percentage points, as the rate of completion among the former rose 12.3 percentage points.
    • The equity gap between first-generation and continuing-generation learners in fall-to-fall persistence narrowed by three percentage points, from 8.2 percent in the fall 2019 cohort to 5.2 percent in the fall 2022 cohort.
    • From the fall 2017 cohort to the fall 2020 cohort, the overall four-year completion rate grew 6.6 percentage points, and the rate at which students transfer and earn a baccalaureate degree (despite severe geographical hardships) rose 3.7 percentage points from the fall 2015 cohort to the fall 2018 cohort.

    More information on both winners can be found here. In a March 31 webinar, Achieving the Dream will feature both winners.

    Is your institution or department tracking new KPIs related to student success, or using data in a new way? Tell us about it.

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  • Facing NIH cuts, colleges restrict grad student admissions

    Facing NIH cuts, colleges restrict grad student admissions

    Several colleges and universities are pausing admissions to some graduate programs, reducing class sizes or rescinding offers to students in an effort to cut costs amid uncertainty in federal funding.

    The disruption to graduate school admissions is the latest cost-cutting move for colleges. After the National Institutes of Health proposed cutting reimbursements for costs related to research, several colleges and universities said they would pause hiring and cut spending, Inside Higher Ed previously reported. (A federal judge has blocked the NIH plan from taking effect for now.)

    In recent days, the University of Pittsburgh, the University of Pennsylvania and several other institutions have stopped doctoral admissions, at least temporarily. Some colleges are pausing admissions to some programs such as in the biomedical sciences, Stat News reported. At others, the pause is universitywide. The University of Southern California and Vanderbilt University temporarily paused graduate student admissions, though both universities later said that they’d ended the pause.

    A University of Pittsburgh spokesperson told WESA, a local NPR station, that the university “temporarily paused additional Ph.D. offers of admission until the impacts of that [NIH] cap were better understood … the University is in the process of completing that analysis and expects to be in a position to resume offers soon.”

    Meanwhile, the University of Pennsylvania is planning to cut graduate admissions rates, The Daily Pennsylvanian reported, citing an email from the interim dean of the School of Arts and Sciences, Jeffrey Kallberg, who wrote that the cuts were a “necessary cost-saving measure” to adjust to the NIH proposal.

    “This is not a step any of us wanted to take,” Kallberg wrote, according to the Daily Penn. “We recognize that graduate students are central to the intellectual life of our school—as researchers, teachers, collaborators, and future scholars. However, we must ensure that we can continue to provide strong support for those students currently in our programs and sustain the school’s core teaching and research activities.”

    Tom Kimbis, executive director of the National Postdoctoral Association, wrote in an email to Inside Higher Ed that academic institutions reliant on federal funding “are being forced to make tough decisions to support these researchers in a difficult environment.”

    “The decisions in Washington to pause or cease funding for science and research is impacting early-career researchers across a wide range of disciplines,” Kimbis added. “Slowing or stopping their work, on topics from cancer and Alzheimer’s research to social science issues, hurts Americans in all 50 states.”

    In the last week, some faculty began tracking the reductions in the biomedical sciences via a shared spreadsheet that includes verified cuts and unverified decisions based on word of mouth and internal emails. Faculty on social media said the cuts will have long-term ramifications for sciences as fewer students enter the field. On TikTok, several students who had applied to grad school shared their dismay at how the funding cuts meant they might have to say goodbye to their career plans and research.

    Accepting graduate students, particularly for Ph.D. programs and in the biomedical sciences, requires universities to make a long-term financial commitment, which is more difficult now that the NIH has stopped making new grant awards and is aiming to cut funds. Colleges receive billions from the NIH to support research. If the proposed rate cuts move forward, institutions say they would have to shut down some labs and lay off employees.

    “University research and scholarship operate on a time scale of years and decades,” the Rutgers AAUP-AFT chapter wrote in a letter to New Jersey senators Cory Booker and Andy Kim. “Higher education would become impossible in the face of capricious and arbitrary withholding of funding, elimination of entire areas of grant support for critical scientific research, and cancellation of long-held contracts.”

    They went on to warn that the threat to funding would diminish the country’s strength as a research superpower. “The best scientists, the best scholars, and the best students will make the rational decision to take their talents elsewhere. Once lost, the historic excellence of United States universities, including world-leading institutions in New Jersey, both public and private, will not be easily regained.”



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  • Calif. judge rules adjuncts should be paid for nonclassroom work

    Calif. judge rules adjuncts should be paid for nonclassroom work

    A superior court judge in California ruled last week that adjunct faculty in the Long Beach Community College District should be paid for work they do outside the classroom, including lesson prep, grading and holding office hours, EdSource reported.

    The ruling came in response to a lawsuit filed in April 2022 by two part-time professors who argued that they are only paid for time spent teaching in the classroom, and that “failing to compensate adjuncts for out-of-classroom work is a minimum wage violation,” according to the decision by Judge Stuart Rice.

    Rice concurred, noting “a myriad of problems” with the district’s argument that minimum wage rules don’t apply, EdSource reported.

    Still, Rice stayed the decision pending further proceedings, so it doesn’t go into effect immediately. A similar lawsuit is under way in Sacramento County, brought by adjuncts against 22 community college districts, as well as the state community college system and its Board of Governors.

    Adjunct professor John Martin, who chairs the California Part-time Faculty Association and is a plaintiff in the Sacramento case, celebrated the Long Beach ruling.

    “It’s spot-on with what we have been saying,” he told EdSource. “We’re not getting paid for outside [the classroom] work. This has been a long time coming.”

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  • Florida equivalent of DOGE to audit state universities

    Florida equivalent of DOGE to audit state universities

    Florida governor Ron DeSantis is launching a state initiative to cut spending and optimize efficiency modeled after the Elon Musk’s federal Department of Government Efficiency, which has cut billions in contracts at federal agencies, The Orlando Sentinel reported.

    Over the course of a year, Florida’s version of DOGE intends to sunset dozens of state boards and commissions, cut hundreds of jobs, and probe university finances and managerial practices.

    “This is the DOGE-ing of our state university system, and I think it’s going to be good for taxpayers, and it’s ultimately going to be good for students as well,” DeSantis said Monday.

    He added that the state would leverage artificial intelligence to help with the initiative.

    The Republican governor also indicated that the state-level initiative would target what he referred to as “ideological study stuff” in an effort to “make sure that these universities are really serving the classical mission of what a university should be, and that’s not to impose ideology. It’s really to teach students how to think and to prepare them to be citizens of our republic.”

    The move comes as the state has already targeted curriculum in recent months, stripping hundreds of courses from the general education offerings of state universities earlier this year. Many of the classes touched on topics such as race, gender, sexuality, and non-Christian religions.

    Florida has also hired multiple GOP officials—some sitting, others who previously served—to lead state universities, including several who have no higher education management experience.

    In a response to DeSantis, who pressed for the need to eliminate inefficiencies, the Florida Democratic Party noted that Republicans have controlled state politics for nearly 30 years and questioned the outgoing governor’s motivations in launching the state equivalent of DOGE.

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  • Top lawyer targets tenure after being sued for ignoring it

    Top lawyer targets tenure after being sued for ignoring it

    Kansas lawmakers are considering a bill that would sap tenure of its meaning for faculty at the state’s public colleges and universities.

    House Bill 2348, introduced this month in the Kansas Legislature, doesn’t specifically say it would ban tenure. But according to the proposed law, “any special benefits, processes or preferences conferred on a faculty member” by tenure “can be at any time revoked” by a higher education institution or the Kansas Board of Regents, which governs the state’s public universities. It also says tenure wouldn’t “create any entitlement, right or property interest in a faculty member’s current, ongoing or future employment.”

    The bill would end such rights not just for future “tenure” earners but for already tenured professors, too. Mallory Bishop, a nontenured instructor at Emporia State University who serves as faculty president, said HB 2348 would “remove the core premise of tenure,” which is “you cannot be fired without cause.”

    “The bill itself seems to remove everything except the name of tenure,” Bishop said.

    It’s part of a growing trend among Republican lawmakers in multiple states seeking to weaken or eliminate tenure in public institutions. Ohio’s Senate passed a bill this year that would weaken tenure, though the House hasn’t yet followed suit. So far, no state has fully banned tenure at public institutions.

    But the Kansas bill is noteworthy for its origins. The Board of Regents and the state’s two top research universities publicly oppose it. So where did it come from?

    Steven Lovett, general counsel for Emporia State University, says he wrote it. And the top of the bill includes one sentence saying a lawmaker requested it on Lovett’s behalf.

    The bill materialized after Emporia State suffered a setback in its continued defense against a federal lawsuit filed by 11 tenured professors whom the university decided to lay off in 2022. A judge—rebuffing the university defendants’ request to toss out the suit—allowed the faculty to move forward with their allegations that they weren’t provided sufficient due process. Emporia State officials, including Lovett himself, are among the defendants in the continuing suit.

    Those faculty were among 23 tenured professors whom Emporia State laid off, citing financial pressures and other possible reasons. The university’s handling of the situation led the American Association of University Professors to censure the institution. The controversy presaged layoffs over the past two years by other U.S. universities, which also cited financial concerns and didn’t spare tenured faculty. West Virginia University made headlines in 2023 for axing a swath of tenured faculty, followed by the University of Wisconsin at Milwaukee and Western Illinois University.

    A university spokesperson wrote in a statement to Inside Higher Ed that Emporia State supports tenure and that Lovett’s “submission of this bill comes as a surprise to the university.” But the statement also defended Lovett’s “constitutional right” as “a private citizen” to submit the legislation.

    The statement doesn’t say whether the university supports or opposes the bill. Emporia State didn’t provide an interview or respond to written questions about its position on the legislation.

    Bishop said she’s asked top university officials for their stance but hasn’t received an answer; she said university president Ken Hush told her in a private conversation that even if the bill were to pass, “tenure still exists.” Lovett—saying he was commenting as a private citizen—has told lawmakers that universities that speak out against the bill are violating state law.

    And while the university says it was surprised by Lovett’s submission of the bill, an online video of an earlier legislative hearing shows Hush appearing to urge lawmakers to support similar legislation not long before his top lawyer introduced it.

    Reversing a Court Loss?

    The university attempted to dismiss the laid-off professors’ lawsuit by arguing that tenure didn’t give them a “property right” to continued employment. “Property right,” or “property interest,” is a legal term, and if tenured professors possess this right, it could mean they should have received due process before being ousted, in accordance with the 14th Amendment.

    In December, a U.S. district court judge in Kansas allowed the case to progress, ruling that the professors’ legal complaint sufficiently alleged that the faculty did have so-called property rights to keep their jobs. The case continues.

    As the Kansas Reflector previously reported, a Kansas House Higher Education Budget Committee member asked Hush about the suit during a Jan. 31 hearing. According to a video of the proceedings, Hush said the property right ruling “means an entitlement and job forever, until this is settled in some form. Obviously, as a state agency, we’re working with the attorney general on this. And the other option to correct that is via legislation.”

    About a week later, House Bill 2348 appeared at the request of Representative Steven K. Howe—who chairs the committee Hush spoke to—on behalf of Lovett. Howe declined to comment for this article.

    The bill, however, is currently before the House Judiciary Committee—not Howe’s committee. Lovett advocated for the legislation during a Feb. 11 Judiciary hearing, in which he was introduced as “Mr. Steven Lovett, private citizen.” Lovett told the lawmakers the university didn’t encourage him to write the bill “and had no knowledge of it before I submitted it.”

    He said the bill “eliminates the property right of tenure but not tenure itself.” The idea that tenure is a property right “obligates Kansans to a long-term, unfunded fiscal liability,” he said, adding that the due process required to oust tenured faculty “costs even more.” He argued the First Amendment makes tenure and due process unnecessary to protect academic freedom.

    “A nontenured faculty member enjoys as much legal protection to pursue academic freedom as a tenured faculty member,” he said. Tenure “primarily results in nothing more than personal gain.”

    Lovett said Board of Regents members echoed part of his arguments amid the lawsuit filed by the laid-off professors, arguing that any universities that opposed the bill would be violating state law that says the board manages public universities. As of now, though, a judge has dismissed all board members as defendants, leaving only Lovett, Hush and one retired Emporia State official facing the lawsuit.

    At the end of his speech, Lovett, who’s also an associate professor of business law and ethics at Emporia State, publicly renounced the tenure the university gave him.

    Doug Girod, chancellor of the University of Kansas, followed Lovett at the lectern.

    “I don’t believe I’m breaking the law, because I am here with the full knowledge of my board,” Girod said. Eradicating “meaningful tenure” would mean losing “our best faculty, and we will not be able to replace them,” he said.

    After Kansas State University’s president spoke against the bill, Blake Flanders, the top administrator at the Board of Regents, told lawmakers the board is also against it, citing similar recruitment and retention concerns. Further, his written testimony suggested he doesn’t buy Lovett’s argument that he’s acting as a private citizen.

    He pointed out that Board of Regents policy requires legislative proposals from institutions it governs first be presented to the board for approval “before being submitted to the Legislature.” He wrote, “That policy was not adhered to in the case of this bill.” A board spokesperson didn’t provide Inside Higher Ed an interview or answer written questions about whether the board is pushing for Lovett to be disciplined.

    Even if the bill passes, it’s unclear whether it would actually help Emporia State in its current suit or erase the meaning of tenure for other Kansas faculty who have already earned it. J. Phillip Gragson, attorney for the laid-off professors, said in an email that that would be unconstitutional.

    “While the state can certainly commit higher education academic and economic suicide by passing a bill that eliminates tenure prospectively only if it wants, the state cannot take away tenure rights from those professors who have already obtained tenure without due process,” he wrote.

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