Tag: target

  • Trump’s Latest Executive Orders Target Accreditation

    Trump’s Latest Executive Orders Target Accreditation

    President Donald Trump took aim at college accreditors in an executive order signed Wednesday that targets two accrediting agencies for investigation and suggests others could lose federal recognition altogether.

    The order was one of seven issued Wednesday as Trump nears the end of his first 100 days. Others directed the Education Department to enforce the law requiring colleges to disclose some foreign gifts and contracts, aimed to support historically Black colleges and universities, and outlined several policy changes for K-12 schools. With the accreditation order and the others, Trump and White House officials argued they were refocusing the education system on meritocracy.

    Education Secretary Linda McMahon, who was in the Oval Office for the signing, opened her follow-up statement by praising the accreditation order and saying it would “bring long-overdue change” and “create a competitive marketplace.”

    “America’s higher education accreditation system is broken,” she wrote. “Instead of pushing schools to adopt a divisive DEI ideology, accreditors should be focused on helping schools improve graduation rates and graduates’ performance in the labor market.”

    Some of the immediate public reactions from higher ed groups criticized the accreditation order, describing it as yet another attempt to put more power in the hands of the president and threaten academic freedom.

    The Council of Higher Education Accreditation said Trump’s directive would “affect the value and independence of accreditation,” while the American Association of University Professors said it would “remov[e] educational decision making from educators and reshap[e] higher education to fit an authoritarian political agenda.”

    Overhauling Accreditation

    Rumored for weeks, the accreditation order was perhaps the most anticipated one of those signed Wednesday, and it will likely have widespread ramifications as Trump seeks to scrutinize and reform the system.

    Historically, accreditors have operated under the radar with little public attention, but in recent years conservatives have focused on the agencies and their role in holding colleges accountable. (The accreditors do hold a lot of power, because universities must be accredited by a federally recognized agency in order to access federal student aid.)

    During his presidential campaign, Trump himself called accreditation reform his “secret weapon” and accused accreditors of failing “to ensure that schools are not ripping off students and taxpayers.”

    The order calls for McMahon to suspend or terminate an accreditor’s federal recognition in order to hold it accountable if it violates federal civil rights law, according to a White House fact sheet. The executive order specifically says that requiring institutions “to engage in unlawful discrimination in accreditation-related activity under the guise of ‘diversity, equity, and inclusion’ initiatives” would be considered a violation of the law.

    The order also singles out the American Bar Association, which accredits law schools, and the Liaison Committee on Medical Education, which accredits medical schools, and directs cabinet secretaries to investigate them. (The American Bar Association suspended DEI standards for its members in February, as did some other accreditors.)

    Beyond that, McMahon is tasked to “realign accreditation with student-focused principles.” That could include recognizing new accreditors, prioritizing intellectual diversity among faculty and requiring “high-quality, high-value academic programs,” though the fact sheet doesn’t say how that would be measured.

    White House staff secretary Will Scharf said during the event that accreditors have relied on “woke ideology” instead of merit and performance to accredit universities. He didn’t provide evidence for his claims, but the fact sheet cites the national six-year undergraduate graduation rate, which is at 64 percent, as one example of how accreditors have “failed to ensure quality.”

    “The basic idea is to force accreditation to be focused on the merit and the actual results that these universities are providing, as opposed to how woke these universities have gotten,” Scharf said.

    The Trump administration also wants to streamline the process to recognize accreditors and for institutions to change agencies. Some states that have required their public colleges to change accreditors have claimed that the Biden administration made the process too cumbersome.

    Scharf said the order charges the Education Department “to really look holistically at this accreditation mess and hopefully make it much better.”

    Trump didn’t say much about the order or what actions he hopes to see McMahon take next.

    Enforcement of Foreign Gifts

    The president is not the first government official this year who has sought to limit foreign influence on American colleges and universities.

    The House recently passed a bill, known as the DETERRENT ACT, which would amend Section 117 of the Higher Education Act to lower the threshold for what foreign gifts must be reported from $250,000 to $50,000. It also would require the disclosure of all gifts from countries of “concern,” like China and Russia, regardless of amount. The legislation advanced to the Senate in late March following a 241–169 vote.

    Rep. Tim Walberg, a Michigan Republican and chair of the committee that introduced the bill, praised Trump’s action Wednesday, saying it “underscores” a Republican commitment to “promoting transparency.”

    “Foreign entities, like the Chinese Communist Party, anonymously funnel billions of dollars into America’s higher education institutions—exploiting these ties to steal research, indoctrinate students, and transform our schools into beachheads in a new age of information warfare,” Walberg wrote in a statement shortly after Trump’s order was signed. “I am glad the Trump administration understands the grave importance of this threat, and I look forward to working with President Trump to protect our students and safeguard the integrity of America’s higher education system.”

    Colleges’ compliance with Section 117 has been a key issue for Republicans over the years. House lawmakers repeatedly criticized the Biden administration’s efforts to enforce the law, but former education secretary Miguel Cardona defended his agency’s actions. They also tried to pass the DETERRENT Act last session, but it was blocked by Democrats in the Senate.

    The executive order is broader than the DETERRENT Act and does little to distinguish itself aside from directing McMahon to work with the attorney general and heads of other departments where appropriate and to reverse or rescind any of Biden’s actions that “permit higher education institutions to maintain improper secrecy.”

    More Support for HBCUs

    Another order creates within the White House an initiative focused on historically Black colleges and universities and revokes a Biden executive order titled “White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity Through Historically Black Colleges and Universities.”

    During his first term, Trump moved an HBCU initiative at the Education Department to the White House as a largely symbolic gesture to show his support for Black colleges. That initiative continued under Joe Biden, though it was returned to the Education Department. Biden also created initiatives focused on Hispanic-serving institutions and tribal colleges. Trump ended those newly created initiatives during his first week in office.

    The executive order also established the President’s Board of Advisors on HBCUs at the Education Department, which appears to already exist. The panel last met in January, according to a Federal Register notice.

    Scharf said the order would ensure that HBCUs are “able to do their job as effectively and as efficiently as possible.”

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  • Cosmetologists can’t shoot a gun? FIRE ‘blasts’ tech college for punishing student over target practice video

    Cosmetologists can’t shoot a gun? FIRE ‘blasts’ tech college for punishing student over target practice video

    Language can be complicated. According to Merriam-Webster, the verb “blast” has as many as 15 different meanings — “to play loudly,” “to hit a golf ball out of a sand trap with explosive force,” “to injure by or as if by the action of wind.”

    Recently, the word has added another definition to the list. Namely, “to attack vigorously” with criticism, as in, “to blast someone online” or “to put someone on blast.” This usage has become a common expression.

    That’s what Leigha Lemoine, a student at Horry-Georgetown Technical College, meant when she posted in a private Snapchat group that a non-student who had insulted her needed to get “blasted.” 

    But HGTC’s administration didn’t see it that way. When some students claimed they felt uncomfortable with Lemoine’s post, the college summoned her to a meeting. Lemoine explained that the post was not a threat of physical harm, but rather a simple expression of her belief that the person who had insulted her should be criticized for doing so. The school’s administrators agreed and concluded there was nothing threatening in her words.

    But two days later, things took a turn. Administrators discovered a video on social media of Lemoine firing a handgun at a target. The video was recorded off campus a year prior to the discovery, and had no connection to the “blasted” comment, but because she had not disclosed the video’s existence (why would she be required to?), the college decided to suspend her until the 2025 fall semester. Adding insult to injury, HGTC indicated she Lemoine would be on disciplinary probation when she returned. 

    Screenshots of Leigha Lemoine’s video on social media.

    HGTC administrators claim Lemoine’s post caused “a significant amount of apprehension related to the presence and use of guns.” 

    “In today’s climate, your failure to disclose the existence of the video, in conjunction with group [sic] text message on Snapchat where you used the term ‘blasted,’ causes concern about your ability to remain in the current Cosmetology cohort,” the college added.

    Never mind the context of the gun video, which had nothing to do with campus or the person she said needed to get “blasted.” HGTC was determined to jeopardize Lemoine’s future over one Snapchat message and an unrelated video. 

    Colleges and universities would do well to take Lemoine’s case as a reminder to safeguard the expressive freedoms associated with humor and hyperbolic statements. Because make no mistake, FIRE will continue to blast the ones that don’t.

    FIRE wrote to HGTC on Lemoine’s behalf on Oct. 7, 2024, urging the college to reverse its disciplinary action against Lemoine. We pointed out the absurdity of taking Lemoine’s “blasted” comment as an unprotected “true threat” and urged the college to rescind her suspension. Lemoine showed no serious intent to commit unlawful violence with her comment urging others to criticize an individual, and tying the gun video to the comment was both nonsensical and deeply unjust. 

    But HGTC attempted to blow FIRE off and plowed forward with its discipline. So we brought in the big guns — FIRE Legal Network member David Ashley at Le Clercq Law Firm took on the case, filing an emergency motion for a temporary restraining order. On Dec. 17, a South Carolina federal district court ordered HGTC to allow her to return to classes immediately while the case works its way through the courts. 

    Jokes and hyperbole are protected speech

    Colleges and universities must take genuine threats of violence on campus seriously. That sometimes requires investigations and quick institutional action to ensure campus safety. But HGTC’s treatment of Lemoine is the latest in a long line of colleges misusing the “true threats” standard to punish clearly protected speech — remarks or commentary that are meant as jokes, hyperbole, or otherwise unreasonable to treat as though they are sincere. 

    Take over-excited rhetoric about sports. In 2022, Meredith Miller, a student at the University of Utah, posted on social media that she would detonate the nuclear reactor on campus (a low-power educational model with a microwave-sized core that one professor said “can’t possibly melt down or pose any risk”) if the football team lost its game. Campus police arrested her, and the Salt Lake County District Attorney’s Office charged her with making a terroristic threat. 

    The office eventually dropped the charge, but the university tried doubling down by suspending her for two years. It was only after intervention from FIRE and an outside attorney that the university relented. But that it took such significant outside pressure — especially over a harmless joke that was entirely in line with the kind of hyperbolic rhetoric one expects in sports commentary — reveals how dramatically the university overreacted.

    Political rhetoric is often targeted as well. In 2020, Babson College professor Asheen Phansey found himself in hot water after posting a satirical remark on Facebook. After President Trump tweeted a threat that he might bomb 52 Iranian cultural sites, Phansey jokingly suggested that Iran’s leadership should publicly identify a list of American cultural heritage sites it wanted to bomb, including the “Mall of America” and the “Kardashian residence.” Despite FIRE’s intervention, Babson College’s leadership suspended Phansey and then fired him less than a day later. 

    Or consider an incident in which Louisiana State University fired a graduate instructor who left a heated, profanity-laced voicemail for a state senator in which he criticized the senator’s voting record on trans rights. The senator reported the voicemail to the police, who investigated and ultimately identified the instructor. The police closed the case after concluding that the instructor had not broken the law. You’re supposed to be allowed to be rude to elected officials. LSU nevertheless fired him.

    More examples of universities misusing the true threats standard run the political gamut: A Fordham student was suspended for a post commemorating the anniversary of the Tianneman Square massacre; a professor posted on social media in support of a police officer who attacked a journalist and was placed on leave; an adjunct instructor wished for President Trump’s assassination and had his hiring revoked; another professor posted on Facebook supporting Antifa, was placed on leave, and then sued his college. Too often, the university discipline is made more egregious by the fact that administrators continue to use the idea of “threatening” speech to punish clearly protected expression even after local police departments conclude that the statements in question were not actually threatening.

    What is a true threat?

    Under the First Amendment, a true threat is defined as a statement where “the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.” 

    That eliminates the vast majority of threatening speech you hear each day, and for good reason. One of the foundational cases for the true threat standard is Watts v. U.S., in which the Supreme Court ruled that a man’s remark about his potential draft into the military — “If they ever make me carry a rifle, the first man I want to get in my sights is LBJ” — constituted political hyperbole, not a true threat. The Court held that such statements are protected by the First Amendment. And rightfully so: Political speech is where the protection of the First Amendment is “at its zenith.” An overbroad definition of threatening statements would lead to the punishment of political advocacy. Look no further than controversies in the last year and a half over calls for genocide to see how wide swathes of speech would become punishable if the standard for true threats was lower. 

    Colleges and universities would do well to take Lemoine’s case as a reminder to safeguard the expressive freedoms associated with humor and hyperbolic statements. Because make no mistake, FIRE will continue to blast the ones that don’t.

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