The University of California, San Diego, pictured here, is one of 10 UC system institutions.
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The University of California system reached record enrollment this fall, surpassing 301,000 students across its 10 campuses. About 200,000 of them come from California; the share of students who come from outside the state has decreased by two percentage points over the past four years.
University officials said in a news release that the decline represents the system’s commitment to serving California residents.
“These numbers reflect California’s commitment to academic excellence, access, and innovation, values that have made the University of California the world’s greatest research university,” said UC president James B. Milliken. “The value of a UC degree is abundantly clear. An investment in UC is the best investment in the future of our students, California’s workforce, and the state’s economy.”
The release noted that this enrollment success comes at a time when UC campuses are facing increased costs, federal funding cuts and other financial hardships. Four hundred federal research grants remain suspended or terminated across the system.
Nearly 92% of Indiana’s high school seniors graduated in 2025, setting the highest graduation rate on record, the Indiana Department of Education announced Monday.
“Today’s record-high graduation rate is a testament to the hard work of Indiana’s students, families, and educators,” Gov. Mike Braun said in a news release.
“While high school graduation marks the end of a student’s K-12 journey, our schools play an essential role in preparing students for all that comes next, whether that’s going to college, starting a career, or joining the military,” he continued. “This strong improvement in our state’s graduation rate shows that when we focus on academic excellence and establish clear, personalized pathways, our students thrive.”
The 91.83% graduation rate bested the 90.23% record set in 2024 by 1.6 percentage points.
It represents the third straight year of post-pandemic improvement kicked off in 2023, when 88.98% graduated. Seniors recorded a decade-low graduation rate of 86.65% in 2022.
“As we continue to scale the new Indiana diploma and readiness seals statewide, we will not only strengthen the value of high school and help more students graduate, we will ensure that they are prepared to succeed in whatever path they choose for their future,” state Education Secretary Katie Jenner said.
Numerous student populations improved in the results released Tuesday.
Almost 87% of Black students graduated in 2025, up 3 percentage points from the previous year, along with nearly 90% of Hispanic students, in a boost of 2 percentage points. White students improved to 93%, or by about 1.5 percentage points, and their multiracial classmates logged a graduation rate of 88%, up by 1 percentage point.
Seniors learning English, receiving free and reduced-price meals, and in special education also graduated at higher rates than the year prior — but still lagged their native speaker, paid lunch and general education peers.
The rate of students who graduated without waivers additionally cleared 90%. Students who do not complete or pass some graduation requirements can still qualify for a diploma if they demonstrate knowledge or skill.
The waivers are intended to help students with special circumstances, like those who’ve transferred to a new school or who have attempted to pass competency tests at least three times.
State education and policy leaders have for years sought to lower dependence on waivers, including by setting caps on the percentage of graduation waivers that can be counted toward a school’s state and local graduation rate. They took effect with the 2024 cohort.
Non-public schools outperformed their public counterparts by about 1 percentage point — 93% versus 92% — but the differences between traditional public and public charter schools were not reported. In the 2024 results, about 93% of students at traditional public schools graduated as opposed to just 59% of students at public charter schools.
Indiana’s federal graduation rate increased, almost hitting 90% compared to 2024’s 89%. The rates are calculated differently because of differences between state and federal accountability models, according to IDOE.
Indiana Capital Chronicle is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: [email protected].
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PHILADELPHIA, Dec. 16, 2025— The Foundation for Individual Rights and Expression reports a record number of campus incidents involving attempts to investigate, censor, or otherwise punish students for protected expression in 2025.
FIRE has documented 273 efforts — so far — this year in which students and student groups were targeted for their constitutionally protected expression. This breaks the previous record of 252 set back in 2020, the first year of the Students Under Fire database, during the unrest prompted by Covid-19 lockdowns and the murder of George Floyd.
“These findings paint a campus culture in which student expression is increasingly policed and controversial ideas are not tolerated,” said FIRE Senior Researcher Logan Dougherty. “College is supposed to be a place where ideas are freely shared, not where students should be concerned about whether their comments will be subject to university scrutiny.”
Some especially grievous incidents include the arrest of Columbia University pro-Palestinian activist Mahmoud Khalil; Indiana University’s censorship of its student newspaper (and firing of the director of student media) over an editorial dispute; the University of Alabama’s decision to shutter two student outlets because they supposedly ran afoul of U.S. Attorney General Pam Bondi’s guidance about D.E.I. programs; and, for good measure, a student at Weber State University in Utah who was directed to censor a presentation — about censorship.
FIRE’s Students Under Fire tracking relies on publicly available information to document various details about these controversies, including but not limited to the source calling for punishment, the speech topic of controversy, and the political direction of the attempt in relation to the targeted speech. Consistent with other FIRE research, the Students Under Fire database observed an uptick in attempts by the political right to silence speech in 2025.
The database is unprecedented both in type and scale, offering the most detailed collection of campus controversies involving students’ protected speech to date.
FIRE also noticed another troubling trend in 2025: A surge in attempts by government officials to influence how universities respond to student speech — especially following the assassination of Charlie Kirk. Some recent examples include:
In all these cases, students were targeted or punished not because their speech was unlawful — but because it caused controversy.
“Aside from the harm on the individual students involved in these incidents, such actions could have the effect of chilling speech across an entire campus — and across an entire generation,” Dougherty said. “What kind of lesson is that? That the safest move in college is to keep your head down and your mouth shut?”
The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.
Karl de Vries, Director of Media Relations, FIRE: 215-717-3473; [email protected]
Earlier this year, Pennsylvania State University announced it would close seven campuses due to financial constraints, while Louisiana State University implemented a hiring freeze and other cost-cutting measures.
Months later both institutions fired their head football coaches—for a price. Despite Penn State’s financial challenges, administrators were willing to pay more than $45 million to make head coach James Franklin go away after the Nittany Lions posted a 6-3 record. LSU fired Brian Kelly after a 5-3 start and gave him a buyout of $54 million.
Franklin’s total buyout was ultimately reduced to $9 million when he landed the head coaching job at Virginia Tech, and Kelly’s exit package will also shrink should he find another position. But the eye-popping compensation numbers are adding up—and setting new records at a time when many colleges and universities are cutting costs.
Record Buyouts
Recent data compiled by the Knight Commission on Intercollegiate Athletics shows that failing is a lucrative business for college football coaches. Fifteen fired football coaches have already racked up collective buyouts of nearly $228 million from public universities, compared to $120 million in fiscal year 2024. (Those totals are for Football Bowl Subdivision coaches only, formerly known as Division I-A, and only include public universities, since private institutions don’t release such contract details.)
Former LSU coach Brian Kelly landed one of the largest buyouts in the history of college sports.
Gus Stark/LSU/University Images/Getty Images
The Knight Commission noted that individual coaching buyouts this year “are the second, third, fourth, and fifth highest severance pay obligations in history.” The top slot still belongs to Texas A&M University, which fired Jimbo Fisher in 2023 with an exit package of more than $75 million.
Looking across a longer timeline, the commission estimates that universities shelled out a total of $852 million in severance pay for football coaches, including assistants, between 2012 and 2024.
University Responses
Universities often stress that coaching buyouts are paid with donor funds, not public money. Even so, some experts argue that paying vast sums of money to fire coaches is problematic and damages faculty and staff morale, especially at universities that are slashing jobs and budgets.
Penn State defended its recent buyout to Inside Higher Ed by emphasizing that its athletic program is among the few in the nation “that is self-sustaining and therefore does not use any tuition or taxpayer dollars.” In addition, the university said, it has a major economic impact on the surrounding area.
“Decisions regarding budgets and operations of the academic enterprise are separate and distinct,” a spokesperson wrote in an emailed response to a question about closing rural campuses across Pennsylvania. “As noted, no tuition or tax dollars are used for athletics. The difficult but necessary decisions Penn State has made impacting campuses and unit budgets, have been made with a core focus on setting our students up with the best opportunities for success.”
LSU did not provide a statement to emailed questions prior to publication.
Congressional Scrutiny
While Congress has deliberated capping pay for college athletes—whom institutions can now pay directly, as of earlier this year—Knight Commission on Intercollegiate Athletics CEO Amy Privette Perko has encouraged lawmakers to rein in coaching salaries.
“As Congress debates the merits of federal legislation to place limits and guardrails on college athlete compensation, it should also examine the conditions that allow for the continued growth of excessive compensation and severance for football coaches at non-profit universities,” she said in a statement accompanying the organization’s report on buyouts.
Some members of Congress appear interested in taking on runaway salaries and buyouts.
In October, Representative Michael Baumgartner, a Washington Republican, introduced the Correcting Opportunity and Accountability in Collegiate Hiring Act, a proposal that would cap annual pay for all athletics department employees. Baumgartner’s proposed bill would limit annual pay to no more than 10 times the cost of in-state tuition for undergraduate students.
While new LSU coach Lane Kiffin is set to make $13 million a year, his annual salary would be dramatically lower—about $280,000—under the pay scheme proposed by Baumgartner.
Multiple state attorneys general have already voiced opposition to the proposal.
New LSU coach Lane Kiffin is poised to make $13 million a year.
Tyler Kaufman/Getty Images
Some lawmakers have also questioned whether college sports should remain tax-exempt. Senator Maria Cantwell, a Democrat representing Washington, wrote a letter to the Joint Committee on Taxation earlier this year, seeking an analysis of the implications of stripping the NCAA, member institutions and athletic conferences of their ability to continue as tax-exempt organizations.
“Given the evolving market dynamics of college sports coupled with changes in the legal framework affecting college athletes, legitimate questions have been raised about whether it is time to rethink the tax-exempt regime under which college sports currently operates,” she wrote.
But so far, legislation to alter the college sports landscape has proven difficult to pass. The latest effort to overhaul athletics—which would have limited student transfer eligibility and how much universities can spend on name, image and likeness deals—collapsed short of the end zone last week when House members balked on the GOP-backed bill and sponsors pulled it from a vote.
The lawsuit refers to the Times’ historic reputation as the “newspaper of record,” and that’s important for understanding the stakes of the case. The moniker speaks to the Times’ massive readership and prestige but also to an authoritative role — often setting the standards in terms of fact-checking, objectivity and independence that produce a definitive accounting of events for the record books. They’re the standards to which other newspapers are held.
In light of that role, and Trump’s continued successful shakedowns of media outlets of lesser prestige, a capitulation would be devastating. Instead, the Times has an opportunity, and an obligation, to rise to its historic role by categorically rejecting the lawsuit — and putting a stop to a particularly insidious legal idea that provides support for Trump’s media war.
The complaint, which First Amendment law professor Don Herzog calls “a press release masquerading as a lawsuit,” is a massive document that leaves ample room to hit familiar Trump beats, finding time to pick at the Times’ “deranged” endorsement of Kamala Harris and to hail Trump’s 2024 win as the “greatest personal and political achievement in American history.”
Why everything Pam Bondi said about ‘hate speech’ is wrong
The nation’s top law enforcement officer doesn’t understand there is no hate-speech exception to the First Amendment — and that’s scary.
The alleged damages center on reporting published in the pages of the Times and in the book “Lucky Loser: How Donald Trump Squandered His Father’s Fortune and Created the Illusion of Success,” written by Times reporters Susanne Craig and Russ Buettner, that suggested Trump’s multimillion-dollar inheritance from his father was largely a product of fraudulent tax evasion schemes and that Trump owes his later fortune to producer Mark Burnett’s “discovery” of him as a host for “The Apprentice.” But Trump alleges that he was already famous and thathis success with “The Apprentice” was “thanks solely to President Trump’s sui generis charisma and unique business acumen.”
Through what Trump alleges are false statements and negligent fact-finding, the lawsuit claims this reporting sought to illegally “damage President Trump’s hard-earned and world-renowned reputation for business success” and “sabotage his 2024 candidacy for President of the United States.”
The lawsuit has been met with universal dismissal by First Amendment scholars. “The complaint is full of bluster,” said Katie Fallow, deputy litigation director at Columbia University’s Knight First Amendment Institute, but “short on any allegations of specific false statements of fact that would meet the rigorous standards for defamation claims brought by public figures.”
One part of the complaint has been a particular focus of criticism, specifically where it states that the defendants had a “desire for President Trump to fail politically and financially. Each feels actual malice towards President Trump in the colloquial sense.”
As Fallow alluded, to prove defamation Trump must show “actual malice” on the part of the Times — and that’s a tough hill to climb, even assuming that the reporting is proven to be false.
As laid out in the landmark case New York Times Co. v. Sullivan, actual malice requires Trump to prove that the defendants actuallyknew their statements were false — or at least entertained actual, serious doubts about their truth. So resting this lawsuit on the idea that the defendants just really, really dislike Trump was met with predictable disbelief by legal experts.
But this section and the broader lawsuit belie something more sinister than a blustery failure to establish its claims’ basic elements. Trump believes it is — or would like it to be — legally actionable to harm his political ambitions when you really, really dislike him. In his view, reporters should be liable for statements that make people not wish to support him.
Beyond being a threat to the media, this idea is a threat to the very speech that makes up the core of our democratic process. No politician is entitled to support or votes, and to commodify them in this way is a perversion of democratic self-governance and a threat to core political speech.
And we’ve already seen Trump advance this idea in his other lawsuits against the media.
The lawsuit has been met with universal dismissal by First Amendment scholars.
When he targeted CBS News last October, he alleged billions of dollars in damages from the impact of what he claimed was “deceptive editing” of a “60 Minutes” interview with Vice President Harris on campaign fundraising and “support values.” Later that year, he targeted pollster J. Ann Selzer and The Des Moines Register, claiming her polling miss was “election interference” that required him to “expend … campaign expenditures.” With legal help from my organization, the Foundation for Individual Rights and Expression, Selzer is fighting these bogus claims.
The New York Times must similarly take this lawsuit as an opportunity to reject this idea, full stop. Its unique role in the media industry warrants a strong and defiant message in defense of the First Amendment and the Fourth Estate that depends on it.
Anything less risks a future in which Trump’s lawfare barrels through smaller outlets that don’t have the same resources.
A negotiation and a settlement between Columbia and the Trump administration have led the administration to triumphantly charge at less resourced universities, such as George Mason University and George Washington University. As FIRE counsel Tyler Coward warned, “We said from the beginning it was going to take a big institution like Harvard or Columbia to stand up for its rights, and if they failed to do so — if they capitulated to unlawful demands from the administration — there was little hope for smaller institutions down the line.”
The New York Times, the Harvard of newspapers, should understand its role here accordingly.
The sickening assassination of Charlie Kirk at a campus speech this week has brought attention to worrying trends in political violence and the public’s stated support for it.
According to FIRE’s annual College Free Speech Rankings survey, in 2020, the national average showed about 1 in 5 students said it was ever acceptable to use violence to stop a speaker. That number has since risen to a disturbing 1 in 3 students.
While we have seen no evidence that Kirk’s shooter is a student, there’s no doubt that the 50% increase in this level of support for political violence among college students over the last 5 years has broad implications for the future of the country.
When we subdivide by party affiliation, we see a more complete story, but the trends are roughly the same.
Students who identify as “Strong Democrats” are one of the few groups that haven’t markedly increased in support for using violence to stop a speaker, but only because they started at a higher rate of acceptance. Once the second most accepting of violence, they are now the second least accepting, thanks to a rise in acceptance by other groups. In other words, they didn’t get better — everyone else got worse. But consistently the worst group of all remains those who identify as “Something else.”
The portions of “Strong Republicans” and “Republicans” who accept the use of violence to stop a speaker have more than tripled in four years. Even acceptance among “Independents” has more than doubled. To give you a sense of how bad things have gotten, the group that currently accepts violence the least, Republican-leaning independents, would have ranked alongside those who accepted it the most back in 2020.
Now let’s take a closer look at the problem by switching from party affiliation to examining specific ideologies:
Those students who are the furthest to the left have been the most accepting of violence for as long as we’ve asked the question. That includes very liberal and democratic socialist students. But a rising tide of acceptance of violence has raised all boats. Now, regardless of party or ideology, students across the board are more open to violence as a way to shut down a speaker. What was once an extreme and fringe opinion has become normalized.
Where do we go from here? Violence is antithetical to free speech, and political violence is wholly incompatible with — and toxic to — democracy. As FIRE Executive Vice President Nico Perrino put it, it is a cancer in our body politic. Hopefully, the horrific image of the assassination of a young father, in front of his family, during a campus speech will show students who say they support violence what that actually looks like in practice.
The great innovation of free speech is that we settle disputes with words and arguments, not violence. Too many have turned away from this principle. For the sake of all Americans, we must return to it.
Black women achieved record-high representation in state legislatures and made historic gains in the U.S. Senate in 2025, according to a new report tracking their political progress over the past decade.
Senators Lisa Blunt Rochester of Delaware and Angela Alsobrooks of Maryland.The “Black Women in American Politics 2025” report, released by Higher Heights Leadership Fund and the Center for American Women and Politics at Rutgers University, documents significant advances for Black women in elected office while highlighting continued underrepresentation at the highest levels of government.
Black women now hold 401 state legislative seats nationwide, representing 5.4% of all state legislators and 16.2% of all women state legislators. This marks a 67.1% increase from 240 seats in 2014, when the organizations began tracking these statistics.
The most dramatic change occurred in the U.S. Senate, where two Black women now serve simultaneously for the first time in American history. Angela Alsobrooks of Maryland and Lisa Blunt Rochester of Delaware both won open seats in the 2024 election, doubling Black women’s representation in the upper chamber.
“This year also marks the first time in history that two Black women serve together in the United States Senate,” Alsobrooks and Blunt Rochester wrote in the report’s foreword. “That milestone is not a coincidence; it’s a culmination. It’s the result of investments made, barriers challenged, and generations of Black women who refused to be sidelined.”
At the congressional level, 29 Black women currently serve as voting members, including 27 in the House and two in the Senate. This represents nearly double the 15 Black women who served in Congress when tracking began in 2014. All current Black congresswomen are Democrats except for the two senators.
The 2024 election cycle was particularly significant because Vice President Kamala Harris became the first Black woman to head a major-party presidential ticket. Though Harris lost the election, her 107-day campaign raised $81 million in its first 24 hours and nearly doubled Democratic voter enthusiasm, according to the report.
Black women also made notable gains in municipal leadership. Three new Black women became mayors of major cities: Cherelle Parker in Philadelphia, Sharon Tucker in Fort Wayne, and Barbara Lee in Oakland. Eight Black women now serve as mayors of the nation’s 100 most populous cities, matching their proportion of the U.S. population.
However, significant representation gaps persist at higher levels. No Black woman has ever served as governor, and Black women remain underrepresented in statewide executive offices. Currently, 10 Black women serve in such positions nationwide, including four lieutenant governors, two attorneys general, two secretaries of state, one auditor, and one controller.
The report notes that 34 states have never elected a Black woman to statewide executive office. Since 2014, only 25 Black women have ever held such positions across 17 states.
“In our nation’s 249-year history, a Black woman has never served as governor of a state or as president of the United States,” the senators wrote. “That reality is a stark reminder that our work is not done.”
The growth in Black women’s representation has occurred almost exclusively among Democratic officeholders. The report documents only seven Black Republican women state legislators nationwide and notes that all Black congresswomen are Democrats.
State-level representation varies significantly by region. Maryland leads with Black women comprising 18.6% of state legislators, followed by Georgia at 17.4%. Conversely, five states have no Black women in their legislatures: Hawaii, Idaho, Montana, North Dakota, and South Dakota.
The report also highlights institutional leadership gains. Twenty Black women now hold state legislative leadership positions, including six who lead their chambers. In Congress, Black women hold over 22% of House Democratic leadership positions.
Looking ahead, the organizations identify opportunities for continued growth. Virginia Lieutenant Governor Winsome Earle-Sears, a Republican, is running for governor in 2025 and could become the first Black woman governor in U.S. history if successful. Additionally, over 200 statewide offices will be up for election in 2026.
This marks the eighth iteration of the annual report series, which began in 2014 and has been published in 2015, 2017, 2018, 2019, 2021, and 2023. The comprehensive analysis tracks Black women’s political participation across federal, state, and local levels, providing the most detailed picture available of their representation in American politics.
And analysis suggests campuses are already seeing an influx of applicants from the U.S. itself. Figures from the University and College Admissions Service, UCAS, show that 6,680 U.S. students applied to U.K. courses for 2025–26 by the main deadline at the end of January.
This was a 12 percent increase on the year before and the most since comparable records began in 2006. It surpasses the previous record of 6,670 set in 2021–22 and is more than double the demand in 2017.
Maddalaine Ansell, director of education at the British Council, said she was “delighted” by the 20-year high.
“It’s a testament to the quality of U.K. universities that so many people want to study here. Three-year degrees, lower tuition costs and poststudy work opportunities all increase the attractiveness of the U.K. offer,” she said.
“As well as adding to the vibrancy of their courses, we hope that these students will also take a lasting affection for the U.K. forward into their future careers and stay connected with us for years to come.”
Almost two-thirds (63 percent) of the applicants from the U.S. were 18 years old, and 61 percent were women.
The UCAS data covers undergraduate applicants, but separate figures show an uptick in demand at all levels—even before Trump’s second term began.
Recent Home Office statistics reveal that 15,274 U.S. main applicants were issued sponsored study visas in 2024.
Recent research by the British Council found that more international students would choose the U.K. over the U.S. as a result of Trump’s return to the White House.
Universities UK said the increase in demand to study in the U.K. is positive, following a turbulent period for international student recruitment.
“But it is too early to say whether this is the start of a longer-term trend,” added a spokesperson.
“What is important now is for universities and government to continue to work together to promote the U.K. as a welcoming destination, and to preserve our competitive offer to international students.”
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.
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
“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
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 nothingnew. 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.
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’
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.
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.)
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.
Student visa issuances reached record levels in Australia late last year, suggesting that 12 months of policy upheaval have failed to suppress international education flows ahead of a federal election likely to be fought on migration.
Visa grants to would-be university students applying from overseas reached an all-time high of almost 17,000 in November, the latest month for which Department of Home Affairs statistics are available.
Monthly issuances have been at or near record levels since mid-2024, well exceeding pre-pandemic tallies and driving a surge in overall foreign student numbers. Higher education typically accounts for two-thirds or more of student visa recipients.
The opposition Liberal Party, which is due to contest a general election by mid-May, has repeatedly berated the Labor government over student volumes since Australia’s post-pandemic reopening of its borders. The surge in student numbers, initially spurred by policies enacted by the opposition when it was in government, has been blamed for housing shortages.
Liberal leader Peter Dutton promised “stricter caps on foreign students to relieve stress on city rental markets” during an election campaign rally on Jan. 12.
While treasurer Jim Chalmers has attributed Australia’s lofty migrant tally to low departures rather than high arrivals, the latest statistics suggest both are contributing. And the figures do not include record numbers of applicants fighting to have their visa rejections overturned.
The Sydney Morning Heraldreported that the backlog of international students contesting their visa refusals in the Administrative Appeals Tribunal had doubled in five months to exceed 20,000 for the first time, and that two-thirds of visa rejections were being overturned by the tribunal.
Meanwhile, overseas students are pursuing strategies to extend their time in Australia, including starting new courses or applying for asylum. Immigration expert Abul Rizvi said the tally of onshore student visa applicants had blown out to more than 100,000.
Home Affairs data provided to a Senate inquiry in October showed that a long-term monthly average of about 300 asylum applications from overseas students had increased to about 450 since mid-2024, reaching 516 by August—the highest figure in at least five years, and probably since the 1989 Tiananmen Square massacre.
Student visa grants could also increase following the late-December replacement of the controversial ministerial direction 107, which slowed down the processing of many visa applications, with ministerial direction 111.
International education consultant Dirk Mulder said opinion on the new arrangements was divided, with some operators saying visa processing had sped up while others complained that it was slower than a year ago.
Both camps expressed concern about the likelihood of further policy changes and the fate of institutions that had reached their “thresholds”—80 percent of the formerly announced international student caps, the trigger point for slower visa processing.
One worry was that agents might stop referring students to universities and colleges in this position. “There is a large amount of angst as to how recruitment partners will work amongst institutions when they hit their 80 percent threshold,” Mulder wrote on his Koala news site.
