A judge has ordered Louisiana State University to return to the classroom a tenured law professor who says the institution suspended him from teaching after he made comments about Donald Trump and Louisiana governor Jeff Landry in a lecture.
Donald R. Johnson, a state district court judge, signed a one-page order Thursday putting Ken Levy back in the classroom. The return might be short-lived; Johnson set a hearing for Feb. 10, during or after which he could decide that Levy should again be barred from teaching. The Louisiana Illuminator reported the ruling earlier.
On Jan. 14, Levy was explaining his course rules to students—including a ban on recording the class. A recording was made nevertheless.
Levy referenced Landry’s public calls in November for LSU to punish Nicholas Bryner, one of Levy’s fellow law professors, for Bryner’s alleged in-class comments about students who support Trump. Levy said he himself “would love to become a national celebrity [student laughter drowns out a moment of the recording] based on what I said in this class, like, ‘Fuck the governor!’”
Levy also referenced Trump. “You probably heard I’m a big lefty, I’m a big Democrat, I was devastated by— I couldn’t believe that fucker won, and those of you who like him, I don’t give a shit, you’re already getting ready to say in your evaluations, ‘I don’t need his political commentary,’” Levy said. “No, you need my political commentary, you above all others.”
Levy’s attorney, Jill Craft, said the university suspended Levy from teaching pending an investigation, though it hasn’t specified which comments allegedly generated student complaints.
“When people try and censor academic freedom and free speech because they may not like the opinion or the thought, then we no longer have those freedoms,” Craft said.
LSU spokespeople didn’t return requests for comment Thursday.
Along with several immigration-related executive orders and actions issued on Inauguration Day, President Trump signed an executive order titled “Protecting the American People Against Invasion.” The EO sets several directives for U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS) to enforce immigration law against immigrants without permanent legal status in the U.S. and could implicate employers the government deems as “facilitating” the presence of such individuals.
Sections 4 and 5 of the EO establish civil and criminal enforcement priorities for relevant federal agencies. Specifically, the EO directs the secretary of Homeland Security to enable ICE and USCIS to set priorities for their agencies that would ensure successful enforcement of final orders of removal. Additionally, Section 8 of the EO directs increased enforcement action in the form of civil fines and penalties. The EO directs the secretary of Homeland Security to ensure assessment and collection of all fines and penalties from individuals unlawfully present in the U.S. and, notably, those who facilitate such individuals’ presence in the U.S.
Depending on how the agencies respond to this order, these three sections of the EO could lead to an uptick in worksite enforcement action. As a result of this EO, agencies could take increased enforcement action for employment-related immigration law, which could lead to agency actions such as Form I-9 audits and potential investigations and worksite visits related to immigration compliance. Employers who are not in compliance with federal immigration laws could be considered as entities that potentially “facilitate” the presence of immigrants without permanent legal status, which could lead to significant fines and other penalties for the employers.
Next Steps for HR Leaders
CUPA-HR has always worked to help you ensure that your institution’s Form I-9 processes are in compliance with federal requirements, and we’ve partnered with USCIS for many years to provide periodic guidance, support and resources. We also understand that it is sometimes a challenge to ensure total compliance for large, sprawling campuses and that some of you have employees at worksites across your state, the country and the globe. Through speeches and actions like this executive order, the Trump administration has made it clear that they intend to focus enforcement efforts on immigrants without permanent legal status and businesses employing them. As noted above, it is possible that there could be I-9 audits and site visits to ensure compliance. Penalties for noncompliance could include very large fines and loss of federal funding.
In light of this EO, it is vital for institutions to review their compliance with immigration laws regarding employment eligibility and work authorization. There are several questions HR leaders should ask themselves when reviewing compliance:
If you were notified tomorrow that your institution’s Form I-9 records were going to be audited in the coming weeks, where would your institution be most vulnerable?
What actions do you need to take today to address any potential vulnerabilities?
Do your presidents, provosts and other campus leaders understand and appreciate the magnitude of this potential challenge?
What changes do you need to make to your institution’s hiring and onboarding practices now to ensure compliance moving forward?
CUPA-HR will continue to monitor for any additional updates related to the Form I-9 and other hiring processes related to work authorization. If you need additional guidance or resources, please review the CUPA-HR I-9/E-Verify Toolkit.
Rachel
Oglesby most recently served as America First Policy Institute’s Chief
State Action Officer & Director, Center for the American Worker. In
this role, she worked to advance policies that promote worker freedom,
create opportunities outside of a four-year college degree, and provide
workers with the necessary skills to succeed in the modern economy, as
well as leading all of AFPI’s state policy development and advocacy
work. She previously worked as Chief of Policy and Deputy Chief of Staff
for Governor Kristi Noem in South Dakota, overseeing the implementation
of the Governor’s pro-freedom agenda across all policy areas and state
government agencies. Oglesby holds a master’s degree in public policy
from George Mason University and earned her bachelor’s degree in
philosophy from Wake Forest University.
Jonathan Pidluzny – Deputy Chief of Staff for Policy and Programs
Jonathan
Pidluzny most recently served as Director of the Higher Education
Reform Initiative at the America First Policy Institute. Prior to that,
he was Vice President of Academic Affairs at the American Council of
Trustees and Alumni, where his work focused on academic freedom and
general education. Jonathan began his career in higher education
teaching political science at Morehead State University, where he was an
associate professor, program coordinator, and faculty regent from
2017-2019. He received his Ph.D from Boston College and holds a
bachelor’s degree and master’s degree from the University of Alberta.
Chase Forrester – Deputy Chief of Staff for Operations
Virginia
“Chase” Forrester most recently served as the Chief Events Officer at America First Policy Institute, where she oversaw the planning and
execution of 80+ high-profile events annually for AFPI’s 22 policy
centers, featuring former Cabinet Officials and other distinguished
speakers. Chase previously served as Operations Manager on the
Trump-Pence 2020 presidential campaign, where she spearheaded all event
operations for the Vice President of the United States and the Second
Family. Chase worked for the National Republican Senatorial Committee
during the Senate run-off races in Georgia and as a fundraiser for
Members of Congress. Chase graduated from Clemson University with a
bachelor’s degree in political science and a double-minor in Spanish and
legal studies.
Steve Warzoha – White House Liaison
Steve
Warzoha joins the U.S. Department of Education after most recently
serving on the Trump-Vance Transition Team. A native of Greenwich, CT,
he is a former local legislator who served on the Education Committee
and as Vice Chairman of both the Budget Overview and Transportation
Committees. He is also an elected leader of the Greenwich Republican
Town Committee. Steve has run and served in senior positions on numerous
local, state, and federal campaigns. Steve comes from a family of
educators and public servants and is a proud product of Greenwich Public
Schools and an Eagle Scout.
Tom Wheeler – Principal Deputy General Counsel
Tom
Wheeler’s prior federal service includes as the Acting Assistant
Attorney General for Civil Rights at the U.S. Department of Justice, a
Senior Advisor to the White House Federal Commission on School Safety,
and as a Senior Advisor/Counsel to the Secretary of Education. He has
also been asked to serve on many Boards and Commissions, including as
Chair of the Hate Crimes Sub-Committee for the Federal Violent Crime
Reduction Task Force, a member of the Department of Justice’s Regulatory
Reform Task Force, and as an advisor to the White House Coronavirus
Task Force, where he worked with the CDC and HHS to develop guidelines
for the safe reopening of schools and guidelines for law enforcement and
jails/prisons. Prior to rejoining the U.S. Department of Education, Tom
was a partner at an AM-100 law firm, where he represented federal,
state, and local public entities including educational institutions and
law enforcement agencies in regulatory, administrative, trial, and
appellate matters in local, state and federal venues. He is a frequent
author and speaker in the areas of civil rights, free speech, and
Constitutional issues, improving law enforcement, and school safety.
Craig Trainor – Deputy Assistant Secretary for Policy, Office for Civil Rights
Craig
Trainor most recently served as Senior Special Counsel with the U.S.
House of Representatives Committee on the Judiciary under Chairman Jim
Jordan (R-OH), where Mr. Trainor investigated and conducted oversight of
the U.S. Department of Justice, including its Civil Rights Division,
the FBI, the Biden-Harris White House, and the Intelligence Community
for civil rights and liberties abuses. He also worked as primary counsel
on the House Judiciary’s Subcommittee on the Constitution and Limited
Government’s investigation into the suppression of free speech and
antisemitic harassment on college and university campuses, resulting in
the House passing the Antisemitism Awareness Act of 2023. Previously, he
served as Senior Litigation Counsel with the America First Policy
Institute under former Florida Attorney General Pam Bondi, Of Counsel
with the Fairness Center, and had his own civil rights and criminal
defense law practice in New York City for over a decade. Upon graduating
from the Catholic University of America, Columbus School of Law, he
clerked for Chief Judge Frederick J. Scullin, Jr., U.S. District Court
for the Northern District of New York. Mr. Trainor is admitted to
practice law in the state of New York, the U.S. District Court for the
Southern and Eastern Districts of New York, and the U.S. Supreme Court.
Madi Biedermann – Deputy Assistant Secretary, Office of Communications and Outreach
Madi
Biedermann is an experienced education policy and communications
professional with experience spanning both federal and state government
and policy advocacy organizations. She most recently worked as the Chief
Operating Officer at P2 Public Affairs. Prior to that, she served as an Assistant Secretary of Education for Governor Glenn Youngkin and worked
as a Special Assistant and Presidential Management Fellow at the Office
of Management and Budget in the first Trump Administration. Madi
received her bachelor’s degree and master of public administration from
the University of Southern California.
Candice Jackson – Deputy General Counsel
Candice
Jackson returns to the U.S. Department of Education to serve as Deputy
General Counsel. Candice served in the first Trump Administration as
Acting Assistant Secretary for Civil Rights, and Deputy General Counsel,
from 2017-2021. For the last few years, Candice has practiced law in
Washington State and California and consulted with groups and
individuals challenging the harmful effects of the concept of “gender
identity” in laws and policies in schools, employment, and public
accommodations. Candice is mom to girl-boy twins Madelyn and Zachary,
age 11.
Joshua Kleinfeld – Deputy General Counsel
Joshua
Kleinfeld is the Allison & Dorothy Rouse Professor of Law and
Director of the Boyden Gray Center for the Study of the Administrative
State at George Mason University’s Scalia School of Law. He writes and
teaches about constitutional law, criminal law, and statutory
interpretation, focusing in all fields on whether democratic ideals are
realized in governmental practice. As a scholar and public intellectual,
he has published work in the Harvard, Stanford, and University of
Chicago Law Reviews, among other venues. As a practicing lawyer, he has
clerked on the D.C. Circuit, Fourth Circuit, and Supreme Court of
Israel, represented major corporations accused of billion-dollar
wrongdoing, and, on a pro bono basis, represented children accused of
homicide. As an academic, he was a tenured full professor at
Northwestern Law School before lateraling to Scalia Law School. He holds
a J.D. in law from Yale Law School, a Ph.D. in philosophy from the
Goethe University of Frankfurt, and a B.A. in philosophy from Yale
College.
Hannah Ruth Earl – Director, Center for Faith-Based and Neighborhood Partnerships
Hannah
Ruth Earl is the former executive director of America’s Future, where
she cultivated communities of freedom-minded young professionals and
local leaders. She previously co-produced award-winning feature films as
director of talent and creative development at the Moving Picture
Institute. A native of Tennessee, she holds a master of arts in religion
from Yale Divinity School.
The maximum number of organizations, including colleges with endowments over $1 billion, that President Donald Trump asked each federal agency to identify as potential targets for “civil compliance investigations.” The directive — which targets diversity, equity and inclusion programs — came in an executive order on Tuesday, the first full day of the new Trump administration.
The virtual mini-conference sponsored by Jobs for the Future was scheduled for Jan. 30.
The Rutgers University Center for Minority Serving Institutions announced Thursday that it has canceled an upcoming virtual conference about registered apprenticeship programs as a result of President Trump’s executive orders targeting diversity, equity and inclusion initiatives.
“We were very excited to bring the HBCUs and Registered Apprenticeship Mini-Conference to you next week,” said the email sent to registered attendees. “Unfortunately, due to President Trump’s Executive Orders … we have been asked to cease all work under the auspices of the Diversity, Equity, Inclusion, and Accessibility HUB at Jobs for the Future, which the U.S. Department of Labor funds.”
Jobs for the Future, an organization focused on helping college and workforce leaders create equitable economic outcomes for students, runs a national innovation hub focused on improving access to registered apprenticeships for women, people of color and other underrepresented groups.
Located in New Jersey, a blue state for more the 30 years, Rutgers has not faced pressure from state legislators to dismantle DEI. But the cancellation demonstrates the leverage and power the federal government can hold over colleges and universities by threatening to pull funding from programs that don’t comply with the president’s demands.
“That wariness and sort of pre-emptive compliance, even absent direct threats from the federal or state government, might be somewhat universal,” Brendan Cantwell, a professor of education at Michigan State University, told Inside Higher Ed.
“These leaders will be worried about losing their federal funding, which is exactly what DEI opponents want,” added Shaun Harper, a professor of education, business and public policy; the founder of the University of Southern California’s Race and Equity Center; and an Inside Higher Ed opinion contributor.
More cancellations are anticipated in the weeks and months to come as the Trump administration continues to issue executive orders. For instance, Trump’s growing team at the Department of Education announced a series of actions Thursday related to eliminating DEI.
“The Department removed or archived hundreds of guidance documents, reports, and training materials that include mentions of DEI from its outward facing communication channels [and] put employees charged with leading DEI initiatives on paid administrative leave,” agency officials said in a news release. “These actions are in line with President Trump’s ongoing commitment to end illegal discrimination and wasteful spending across the federal government. They are the first step in reorienting the agency toward prioritizing meaningful learning ahead of divisive ideology in our schools.”
Other actions the department has taken include:
Dissolving the department’s Diversity and Inclusion Council.
Terminating the Employee Engagement Diversity Equity Inclusion Accessibility Council within the Office for Civil Rights.
Canceling ongoing DEI training and service contracts that total over $2.6 million.
Withdrawing the department’s Equity Action Plan, which was released in 2023 to align with former president Joe Biden’s executive order to advance racial equity and support for underserved communities.
The Trump administration named 10 new Education Department appointees Thursday, four of whom have previously worked with the America First Policy Institute, a pro-Trump think tank formed in 2021 as the president ended his first term in office.
Education secretary nominee Linda McMahon was a co-founder of AFPI and served as the group’s president and CEO until she was selected to head the department.
Rachel Oglesby, a former AFPI chief state action officer, as chief of staff.
Jonathan Pidluzny, AFPI’s former director of higher education reform, as deputy chief of staff for policy and programs.
Virginia “Chase” Forrester, former AFPI chief events officer, as deputy chief of staff for operations.
Craig Trainor, a former congressional senior special counsel and AFPI senior litigation counsel, as deputy assistant secretary for policy in the Office for Civil Rights. (During his time at AFPI, Trainor worked under Pam Bondi, whom Trump has nominated as his attorney general.)
Steve Warzoha as White House liaison.
Tom Wheeler as principal deputy general counsel.
Madi Biedermann as deputy assistant secretary for the Office of Communications and Outreach.
Candice Jackson, who served in the first Trump administration, as deputy general counsel.
Joshua Kleinfeld as deputy general counsel.
Hannah Ruth Earl as director of the Center for Faith-Based and Neighborhood Partnerships.
The American Association of University Professors released a statement Thursday urging universities not to engage in “anticipatory obedience,” which it defined as “acting to comply in advance of any pressure to do so.”
“As Donald Trump assumes the presidency for a second time, the outlook for higher education is dire,” begins the statement, which the AAUP said its elected national council approved this month.
“The Trump administration and many Republican-led state governments appear poised to accelerate attacks on academic freedom, shared governance and higher education as a public good,” the statement says. “They will attack the curricular authority of the faculty on a number of fronts … It is the higher education community’s responsibility not to surrender to such attacks—and not to surrender in anticipation of them. Instead, we must vigorously and loudly oppose them.”
The White House did not respond to Inside Higher Ed’s request for comment. Before JD Vance was elected vice president, AAUP president Todd Wolfson called him a “fascist.”
In the fall, media reported that the University of North Texas removed words such as “race” from course titles, despite Texas’s anti–diversity, equity and inclusion law specifically exempting “course instruction.” The AAUP statement says that was part of a trend.
“Under no circumstances should an institution go further than the law demands,” the AAUP wrote. “Yet, the examples above depict an eagerness to obey on the part of administrative officers, portending a bleak future.”
The association recommended that faculty act by reviewing “handbooks and contracts to strengthen and reinforce faculty rights” in employment decisions and curricular changes. It also suggested reforming “policies to strengthen faculty oversight in areas currently being used to exercise excessive and undue discipline against faculty, staff and students,” including policies on Title IX, Title VI, acceptable use of institutional resources, outside speakers and campus protests.
