Tag: Trumps

  • Accreditors brace for Trump’s promised higher ed shakeup

    Accreditors brace for Trump’s promised higher ed shakeup

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    WASHINGTON — On the 2024 campaign trail, then-presidential candidate Donald Trump accused the nation’s faculty of being “obsessed with indoctrinating America’s youth” and declared, “The time has come to reclaim our once great educational institutions from the radical Left.”

    His administration’s “secret weapon” in this conflict would be the accreditation system for colleges and universities. 

    “When I return to the White House, I will fire the radical Left accreditors that have allowed our colleges to become dominated by Marxist maniacs and lunatics,” he said in a July 2023 campaign video. “We will then accept applications for new accreditors who will impose real standards on colleges once again and once and for all.”

    Earlier this week, officials and professionals from the accreditation system that Trump vowed to upend met in Washington, D.C., for the Council for Higher Education Accreditation’s annual conference to discuss the major topics facing the sector — not least among them being the second Trump administration that took office a week earlier.

    Along with the wholesale replacement of accreditors that Trump promised, plenty of other aspects of accreditation work could change under the new administration and with a Republican majority in Congress. Here is a look at some of the big political and policy questions under discussion. 

    Working with a new Education Department

    The U.S. Department of Education recognizes accreditors, which in turn vet and accredit institutions, rendering them eligible for Title IV federal financial aid, such as student loans and Pell Grants. 

    That makes the department’s relationship with accreditors of paramount importance to the latter group, and it would make the department the agent for enacting Trump’s policies. 

    “There will be — and we don’t know the scope of it yet — efforts to use accreditors to advance the administration’s policies, particularly around areas of DEI,” Jon Fansmith, senior vice president of government relations and national engagement at the American Council on Education, said during a panel Wednesday.

    One of Trump’s campaign pledges was to remove “all DEI bureaucrats” from higher education. As a senator, Trump’s vice president, JD Vance, introduced a federal bill last year that would have barred accreditors from enacting DEI requirements at colleges. A bill with a similar aim passed the House last year, but died in committee in the Senate. 

    With the change in administration will come a new Education Secretary. Fansmith described Trump’s pick to head the Education Department, Linda McMahon, as “pragmatic.” He also said her stint as head of the Small Business Administration during Trump’s first term went “remarkably smoothly.”

    “There are reasons to think that where she has weighed into the [higher ed] policy space, there’s opportunities to work with her,” Fansmith added.

    As for Trump’s stated desire to eliminate the department altogether? “Spoiler, the department won’t be abolished,” Fansmith said. 

    Jan Friis, CHEA’s senior vice president for government affairs, pointed out that the first bill proposing the elimination of the Education Department so far during the current House of Representatives term had no cosponsors. 

    Further attacks on DEI

    Colleges across the country have faced a Republican-led crusade against their diversity, equity and inclusion efforts over the past few years — and those attacks are only poised to grow stronger under the Trump administration. 

    On the first full day of his presidency, Trump issued an executive order calling for agencies to identify organizations, including colleges with endowments worth over $1 billion, for potential investigations into their DEI work. 

    The mounting backlash against DEI means that higher education leaders will have to frame “compelling narratives” about their equity work to help people see what they’re doing and why, Debra Humphreys, vice president of strategic engagement at Lumina Foundation, told conference attendees Tuesday.

    “How do we talk about all of that work in a way that more people can understand?” Humphreys said. “That’s become harder.”

    That’s because people who hear words like “equity” and “inclusion” often fall into two camps, Humphreys said.

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  • Trump’s threat to deport anti-Israel protesters is an attack on free speech

    Trump’s threat to deport anti-Israel protesters is an attack on free speech

    This article originally appeared in MSNBC on Jan. 31, 2025.


    The campus controversies inflamed by the Oct. 7, 2023, Hamas attack against Israel and Israel’s subsequent war in Gaza have reached a worrying conclusion. Now, with President Donald Trump’s promise to deport those he deems “pro-jihadist” protesters, we’re facing questions not just about which ideas and speech should be allowed on campus, but whether foreign students should be deported for expressing disfavored views.

    On Wednesday, Trump signed an executive order on antisemitism that directs leaders of agencies, including the secretary of homeland security, to familiarize universities with grounds for inadmissibility for foreign nationals “so that such institutions may monitor for and report activities by alien students and staff relevant to those grounds.” Those reports will then lead “to investigations and, if warranted, actions to remove such aliens.”

    This development should worry all Americans, regardless of their position on the Israel-Hamas war.

    The order implies that universities should be monitoring and reporting students for scrutiny by immigration officials, including for speech that is protected by the First Amendment. It follows last week’s executive order threatening denial of entry to foreign nationals, or even deportation of those currently in the country, who “espouse hateful ideology.”

    Free Speech Dispatch

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    The Free Speech Dispatch is a new regular series covering new and continuing censorship trends and challenges around the world. Our goal is to help readers better understand the global context of free expression.


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    Student visa holders in the U.S. already risk deportation by engaging in criminal activity, and did so long before the enactment of this order. Students who commit crimes — including vandalism, threats or violence — must face consequences, including potential revocation of visas when appropriate.

    The First Amendment does not protect violence, for visitors and citizens alike, and an executive order narrowly confined to targeting illegal acts would not implicate First Amendment rights.

    But a fact sheet released by the White House alongside the executive order goes well beyond criminal grounds for removal of foreign nationals to instead threaten viewpoint-motivated deportations. “To all the resident aliens who joined in the pro-jihadist protests, we put you on notice: come 2025, we will find you, and we will deport you,” Trump said. “I will also quickly cancel the student visas of all Hamas sympathizers on college campuses, which have been infested with radicalism like never before.”

    If that’s what the Trump White House expects agencies to read into its formal orders, this development should worry all Americans, regardless of their position on the Israel-Hamas war.

    Advocates of ideological deportation today should not be surprised to see it used against ideas they support in the future.

    Our nation’s campuses are intended to be places of learning and debate that facilitate a wide range of views, even ones that some consider hateful or offensive.

    This openness, albeit unpleasant or controversial at times, is a defining strength of American higher education. It’s one of the features attractive to students traveling from abroad who may hope to take part in the speech protections Americans have worked so hard to preserve. These are protections that they may very well be denied in their home countries.


    We won’t protect freedom on campus by making it inaccessible to the international students who study there. But, given the warning accompanying the order, international students will now be rightfully afraid that their words — not just their conduct — are under a microscope.

    There are already signs that critics of campus demonstrations expect the administration will expel protesters from the country. In the lead-up to the signing of this latest order, pro-Israel advocates claimed to be in contact with officials in the incoming Trump administration concerning lists of student protesters they hope to see deported. One group, Betar, told the New York Post it’s “using a combination of facial recognition software and ‘relationship database technology’” to identify protest attendees who are foreign nationals.

    Freedom of speech was never meant to be easy.

    At the Foundation for Individual Rights and Expression (FIRE), where I work, we have seen firsthand the many speech-related controversies that have plagued higher education over the decades. In every case, adhering to viewpoint-neutral principles, rather than censorship, has been the proper solution. 

    If we open the door to expelling foreign students who peacefully express ideas out of step with the current administration about the Israeli-Palestinian conflict, we should expect it to swing wider to encompass other viewpoints too. Today it may be alleged “Hamas sympathizers” facing threats of deportation for their political expression. Who could it be in four years? In eight?

    Advocates of ideological deportation today should not be surprised to see it used against ideas they support in the future.

    Why (most) calls for genocide are protected speech

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    Creating a “genocide” exception to free speech only opens the door to more speech restrictions and selective enforcement.


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    In Bridges v. Wixon, the Supreme Court’s 1945 decision rejecting the deportation of Australian immigrant Harry Bridges over alleged Communist Party connections, Justice William Douglas wrote, “Freedom of speech and of press is accorded aliens residing in this country.”

    Later decisions from the court complicate the question. The federal government retains significant authority over those who may enter and stay in the country. But the court’s reasoning in Wixon should provide lasting guidance.

    In his concurring opinion, Justice Frank Murphy stated that he “cannot agree that the framers of the Constitution meant to make such an empty mockery of human freedom” by allowing the government to deport an alien over speech for which it could not imprison him.

    Freedom of speech was never meant to be easy. But it allows us the space we need to work through thorny social and political challenges, even when it’s fraught with friction and discomfort. The United States should preserve this freedom on our campuses — spaces for free learning that set us apart from more authoritarian nations around the world — not make an “empty mockery” of it.

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  • Trump’s federal funding freeze concerns colleges

    Trump’s federal funding freeze concerns colleges

    President Trump’s plan to temporarily freeze federal grants and loans set off a wave of confusion and concerns across higher ed Tuesday. But just minutes before it was set to take effect, a federal judge blocked the order.

    It is now on hold until next Monday, at least.

    College leaders worried they would lose access to a wide variety of federal funds, though the specific programs affected by the pause remained in flux throughout the day. Education Department officials said Pell Grants, student loans and Federal Work-Study would not be subject to the pause. But critical STEM research and student success initiatives were among the thousands of programs whose funding would have been paused until at least Feb. 10, according to the original White House directive released late Monday night.

    University lobbyists and administrators predicted earlier Tuesday that the president’s unprecedented action would be blocked in the courts, but they warned of significant consequences as they worked to gather more information about the order. Comparable to a government shutdown, they said, the impact of a freeze, if it ever comes to pass, would largely depend on how long it lasts. 

    “Obviously it’s of great concern,” said Patricia McGuire, president of Trinity Washington University in Washington, D.C., on Tuesday morning. “Most of us are finding the memo to be so broad and so incomprehensible that we don’t even quite know what the long-term impact is … But it makes no sense. Rather than helping ‘make America great again,’ it absolutely debilitates America.”

    Conservative policy experts say Trump’s actions are necessary to combat years of misguided spending and argue that institutions shouldn’t run budgets so razor-thin that a short-term loss of federal funds empties their coffers. But McGuire and other higher ed representatives say the proposed freeze along with other executive actions raises questions about whether they can count on stable federal funding in the long run.

    Universities have already seen some disruptions to research funding since Trump took office eight days ago, as the National Institutes of Health and the National Science Foundation canceled meetings to review grant applications last week. Before the federal court released its ruling, the proposed extension of that freeze had only further fueled academics’ initial concerns.

    The White House Office of Management and Budget had directed all federal agencies to pause any grants and loans they supervised in order to ensure that federal spending aligns with the president’s priorities, such as cracking down on diversity, equity and inclusion programs and illegal immigration. OMB specifically said it is aiming to cease any funding to activities that “may be implicated by the executive orders, including but not limited to, financial assistance for foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal,” according to the memo.

    The two-page directive specifically exempted Social Security, Medicare and other programs that provide direct financial assistance to individuals. But colleges and universities would still lose access to grants that are targeted at minority-serving institutions, college preparation programs, childcare for student parents, food banks, student retention and graduation initiatives, campus hospital systems, and more. Over all, more than 2,600 grant programs are up for consideration across dozens of agencies, Bloomberg reported.

    A follow-up memo was published Tuesday in an attempt to help clarify the president’s orders, but higher ed stakeholders said much uncertainty remains.

    White House press secretary Karoline Leavitt said early Tuesday afternoon that the freeze would not be “a blanket pause on federal assistance and grant programs,” and she repeatedly said that direct federal assistance to individuals wouldn’t be affected. But she didn’t have a clear answer about what would happen to federal money that goes to states, organizations or colleges that support individuals. She also pushed back on questions about the legality of the pause and said the move was aimed at ensuring that federal spending aligns with the president’s priorities.

    “No more funding for illegal DEI programs,” she said. “No more funding for transgenderism and wokeness.”

    Leavitt was asked about funding for minority-serving institutions and said she hadn’t “seen the entire list” of programs either affected or exempted from the pause.

    Sarah Spreitzer, vice president and chief of staff for government relations at the American Council on Education, said concerns remain despite the legal injunction.

    In the initial memo, OMB instructed agencies to conduct a comprehensive review by Feb. 7 of federal programs to ensure they comply with Trump’s executive orders. White House officials offered more guidance Tuesday about what that would entail. Agencies will have to answer a series of questions for each program listed on the 52-page document by Feb. 7. Those questions include whether the programs fund DEI or support “illegal aliens,” the promotion of “gender ideology” or “activities overseas.”

    It’s just going to cause a lot of chaos when it comes to planning. It is definitely a developing story.”

    —Sarah Spreitzer, American Council on Education

    It’s unclear whether the judge’s order affects the broader review.

    To Spreitzer and others, that broader review could threaten more federal programs, as those considered unaligned with the president’s agenda could be altered or cut back entirely.

    “If there’s an injunction within a week and everything can start up again, I think that the impact is minimal,” Spreitzer said. But “there’s so much in that [memo] about the examination of all grants going forward … that go beyond just the pause that I think I’d have to see the further implementation instructions to understand the complete impact on the scientific and education enterprise.”

    ‘Unnecessary and Damaging’

    Higher ed officials and student advocacy groups warned throughout the day that the pause, in addition to a recent flurry of executive orders, would cause unnecessary disruption to the primary goals and functions of American colleges and universities and could jeopardize crucial scientific research. The National Association of College and University Business Officers said in a statement that the pause could cause “unnecessary disruption to the lives of tens of thousands of students and families at colleges and universities across the country.”

    “The overall impact to programs … could be both significant and chaotic,” NACUBO president Kara D. Freeman said. “College and university chief business officers will be front and center with their presidents, boards, and executive leadership in developing plans to mitigate immediate exposure and impacts. We urge the Trump administration to reconsider and rescind this misguided policy.”

    Mark Becker, president of the Association of Public and Land-grant Universities, called the memo’s orders “unnecessary and damaging.”

    “While we understand the Trump administration wants to review programs to ensure consistency with its priorities, it is imperative that the reviews not interfere with American innovation and competitiveness,” Becker said. “It will have far-reaching impacts in every corner of the country and hamper American innovation at a moment when it’s being fiercely challenged on a global stage.”

    Randi Weingarten, president of the American Federation of Teachers, said in a statement that she hopes Trump and Republicans on Capitol Hill will see how the pause could hurt American citizens and address the gap by resuming grant distribution.

    “Federal programs need to be more efficient, but no one voted for a president to halt their services—services that were appropriated, authorized and extended by Congress,” she said in a statement. “Americans need a federal government that works for them, not against them.”

    Democratic lawmakers have also raised the red flag, responding with outrage and “extreme alarm,” warning that the pause would undermine Congress’s authority and have “devastating consequences across the country.”

    Reactions from professors and student advocacy groups were swift late Monday and early Tuesday.

    “I don’t see how any Democrat can get away with voting to confirm Linda McMahon after this memo. The entire hearing should be focused on how the U.S. government is tearing apart everyday life for regular people,” Mike Pierce, executive director of the Student Borrower Protection Center, wrote on X.

    Jody Freedman, a professor at Harvard Law School, took to BlueSky. “What is going on here?” she wrote. “I think what’s going on here is that Russell Vought (perhaps others in the administration too, but certainly him) … are testing the Republicans in Congress on this issue to see if they spring to life.”

    “It’s like Hey, the door’s open, no one’s home, let’s rob the place. And by rob I mean, let’s take all the power Congress thinks it has over the appropriations,” she added.

    ‘Extremely Widespread’ Abuse

    Congressional Republicans have said little in response to the pause, and conservative policy experts say the freeze is a necessary step to address years of “illegal spending” by Democrats to advance their political motives.

    Inside Higher Ed reached out to both Senator Dr. Bill Cassidy and Representative Tim Walberg, chairs of the congressional committees that handle education policy, but neither responded with comment.

    Michael Brickman, an adjunct fellow at the American Enterprise Institute, a right-leaning think tank, said that the Trump administration’s actions—though “aggressive”—are justified decisions aimed to restore the rule of law and ensure that government money “isn’t being set on fire at every turn.”

    “What you’re seeing overall across the administration is an attempt to get a handle on the waste and the abuse of taxpayer dollars,” Brickman said.

    He went on to say that though it would be ideal to only freeze certain programs and limit the consequences of stalled grants, breadth was a necessity in this scenario.

    “We saw during the Biden administration, brazen attempts again and again to ignore the law” when utilizing federal funds, Brickman said. “Why let good money continue to go out the door when we know for the last four years that so much of it has been wasted … I wish it were narrow and targeted, but unfortunately, the abuse is extremely widespread.”

    And if colleges don’t have a contingency plan in place for any kind of budgetary disruption, “that’s malpractice on their part,” he added.

    ‘Plan for the Worst’

    McGuire, from Trinity, said the pause would likely affect grants for predominantly Black institutions, which her university uses to provide student advising, new lab materials and certification programs in high-demand areas of the workforce.

    Trinity has already received its $250,000 in such grants for the current academic year, so no programs will have to shut down immediately if the freeze is reinstated, she said. But she worries about the reliability of federal funds moving forward. She explained that uncertainty about grants could mean cuts and amendments to the budget for fiscal year 2026. 

    “We hope for the best but plan for the worst,” she said. “We’re going into budget season right now, so we will probably have to plan alternative support for the programs funded through the PBI [grants].”

    Spreitzer, from ACE, echoed the future impact but also noted that certain colleges could pay the price more immediately. Many large research universities require billions of dollars in federal grants to keep their labs and hospitals running every day, she said, and there’s variation in when grant funds are dispersed, so many may have yet to receive the dollars needed to keep the lights on.

    “It’s going to depend on whether institutions have existing grants and whether they’re waiting for disbursements. It’s just going to cause a lot of chaos when it comes to planning,” she said. “It is definitely a developing story.” 

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  • Trump’s Education Department nixes DEI initiatives and guidance

    Trump’s Education Department nixes DEI initiatives and guidance

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    The U.S. Department of Education announced Thursday that it is eliminating its diversity, equity and inclusion initiatives, a move tied to President Donald Trump’s directives to purge DEI from the federal government. 

    The agency said it has “removed or archived” hundreds of outward-facing documentsincluding guidance, reports and training materialsthat mention DEI. That includes links to resources encouraging educators to incorporate DEI in their classrooms, a department spokesperson said. 

    The department also put agency employees tasked with leading DEI initiatives on paid leave.  A spokesperson declined to comment Friday on how many staff members were placed on leave, citing privacy concerns. 

    The move comes after Trump signed several executive orders on the first day of his presidency designed to dismantle the Biden administration’s DEI efforts. That includes an order directing all federal agencies to end their DEI programs and positions “under whatever name they appear.”

    Additionally, the Education Department dissolved its Diversity & Inclusion Council. The agency has also canceled DEI training and service contracts for staff, totaling more than $2.6 million. 

    Department officials said they will continue reviewing the agency’s programs to identify other initiatives and groups “that may be advancing a divisive DEI agenda, including programs using coded or imprecise language to disguise their activity.”

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  • Trump’s Education Department nixes DEI initiatives and guidance

    Trump’s Education Department nixes DEI initiatives and guidance

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    The U.S. Department of Education announced Thursday that it is eliminating its diversity, equity and inclusion initiatives, a move tied to President Donald Trump’s directives to purge DEI from the federal government. 

    The agency said it has “removed or archived” hundreds of outward-facing documentsincluding guidance, reports and training materialsthat mention DEI. That includes links to resources encouraging educators to incorporate DEI in their classrooms, a department spokesperson said. 

    The department also put agency employees tasked with leading DEI initiatives on paid leave.  A spokesperson declined to comment Friday on how many staff members were placed on leave, citing privacy concerns. 

    The move comes after Trump signed several executive orders on the first day of his presidency designed to dismantle the Biden administration’s DEI efforts. That includes an order directing all federal agencies to end their DEI programs and positions “under whatever name they appear.”

    Additionally, the Education Department dissolved its Diversity & Inclusion Council. The agency has also canceled DEI training and service contracts for staff, totaling more than $2.6 million. 

    Department officials said they will continue reviewing the agency’s programs to identify other initiatives and groups “that may be advancing a divisive DEI agenda, including programs using coded or imprecise language to disguise their activity.”

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  • Trump’s sex and gender order could create risk for colleges

    Trump’s sex and gender order could create risk for colleges

    While running for president, Donald Trump pledged to fight the Biden administration’s efforts to expand protections for transgender students. On day one of his second term in office, he got to work fulfilling that promise.

    In an executive order, which is part of a broader effort to restrict the rights of transgender people, Trump declared that there are only two sexes and banned the federal funding of “gender ideology.” His supporters hailed the move as a return to common sense, while LGBTQ+ advocates saw it as an attack seeking to erase the existence of trans people.

    For colleges and universities, the order raises more questions than it answers, and its immediate implications are unclear. As with other executive orders, it includes many provisions that require the Education Department to take action and issue guidance about how colleges should comply. But depending on how the department responds, the order could complicate institutions’ efforts to accommodate transgender students and eventually change how the federal government enforces Title IX of the Education Amendments of 1972.

    Susan​​​​ Friedfel, a higher education attorney at Jackson Lewis, a New York City law firm that works with colleges and other employers, said more information is needed from the Education Department to determine how the order will affect higher ed institutions, especially since other federal and state laws protect LGBTQ+ students.

    “We have a lot of questions,” she said. “It’s challenging because we have conflicting laws that apply to the same space.”

    In the meantime, she encouraged colleges to revisit their Title IX policies to ensure they are in compliance with the 2020 regulations put in place by the first Trump administration and to think about how best to accommodate everybody.

    The order, titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth to the Federal Government,” defines “sex,” “male” and “female,” among other terms, and orders federal agencies to use those definitions when “interpreting or applying statutes, regulations, or guidance and in all other official agency business, documents, and communications.”

    The order is likely to face legal challenges, said Cathryn Oakley, senior director of legal policy at the Human Rights Campaign, who argues that it’s unlawful.

    “It is important that people not give this executive order more credence than it deserves,” she said.

    Other LGBTQ+ advocates echoed Oakley, emphasizing that executive orders don’t create or change laws.

    “Discrimination based on sex, including discrimination against transgender, nonbinary, and intersex people, remains illegal, and it cannot be legalized through this executive order,” Fatima Goss Graves, president and CEO of the National Women’s Law Center, said in a statement.

    But Republican lawmakers, conservative legal organizations and other anti-trans advocates applauded Trump’s order, saying it would protect women and girls from discrimination and ground federal law in “biological fact.”

    “Blatant and deliberate attempts to redefine our sons’ and daughters’ identities by questioning biology itself has done significant harm to our children and society,” said Representative Tim Walberg, the Michigan Republican who chairs the House education committee. “[The] action by the Trump administration acknowledges the biological differences between men and women. In doing so, it is protecting women from discrimination and securing the progress women have made over the decades.”

    What’s in the Order

    In addition to defining “sex” and other terms, the order outlines a plan to combat “gender ideology,” which the Trump administration defines as replacing “the biological category of sex with an ever-shifting concept of self-assessed gender identity, permitting the false claim that males can identify as and thus become women and vice versa.”

    Federal officials were told to remove any internal or external documents that “inculcate gender ideology” and take “any necessary steps to end the federal funding of gender ideology.” Additionally, agencies will now only use the term “sex” instead of “gender” in all applicable federal policies and documents, according to the order. The Biden administration gave people the option on passport applications to mark their gender as X rather than choose male or female. That option is now being eliminated.

    On Thursday, Secretary of State Marco Rubio said that the State Department wouldn’t process any passport applications seeking to change the applicant’s gender from male to female or requesting the X option, The Guardian reported.

    Agencies are required to give an update on their efforts to implement the order in 120 days.

    The Trump administration also directed the attorney general to correct the Biden administration’s “misapplication” of the Supreme Court’s 2020 decision in Bostock v. Clayton County, which said that LGBTQ+ individuals were protected from discrimination in the workplace on the basis of sexual orientation or gender identity under Title VII of the Civil Rights Act of 1964.

    The first Trump administration said that Bostock didn’t apply to Title IX, which bars sex-based discrimination in education settings. But the Biden administration reversed that guidance in June 2021.

    The Bostock decision was key to the Biden administration’s new Title IX regulations, which clarified that the law also prohibits discrimination based on sexual orientation or gender identity. A federal judge ruled earlier this month that the new Title IX rule was unlawful and wiped the regulations off the books.

    Trump’s executive order also requires the education secretary to rescind a number of guidance documents related to the now-vacated Title IX regulations, as well as resources for supporting LGBTQ+ students. That includes the Education Department’s June 2021 Dear Colleague letter that said Title IX protects LGBTQ+ students from discrimination based on their sexual orientation or gender identity.

    In addition, the Trump administration is rescinding a back-to-school message for transgender students from the Departments of Education, Justice and Health and Human Services that provided resources for students who experience bullying or discrimination.

    ‘Nothing Radical’

    Kim Hermann, the executive director of the Southeastern Legal Foundation, a conservative legal organization that sued the Biden administration over the Title IX regulations, said Trump’s order immediately restores the privacy and physical safety rights of women, so colleges that don’t comply could face federal civil rights investigations or lawsuits.

    “There’s nothing radical about this executive order,” she said. “All it does is solidify Congress’s original intent when they passed the laws … Our girls and our women on college campuses are sick of their rights being eroded.”

    Friedfel said the current Trump administration will likely investigate complaints from cisgender students who are uncomfortable sharing spaces with transgender students.

    “That doesn’t mean that they necessarily have to do anything radically different, but recognize that there’s that risk there,” she said.

    Oakley said that guidance from the department is necessary for universities to understand what’s expected of them and how the Office for Civil Rights will enforce Title IX. She doesn’t expect OCR to take discrimination against LGBTQ+ faculty, staff and students seriously.

    “It’s also going to be very difficult to understand how to be in compliance when the folks who are enforcing the law are not respecting the actual case law,” she said. “So it is going to create a tremendous amount of confusion.”

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  • Trump’s stated promise: ‘Stop all government censorship’ and his free speech Executive Order — First Amendment News 454

    Trump’s stated promise: ‘Stop all government censorship’ and his free speech Executive Order — First Amendment News 454

    Unprecedented.

    Let’s begin with President Donald Trump’s second inaugural address (Jan. 20), if only to contrast it with last week’s condemnation of his lawsuit against J. Ann Selzer, the Des Moines Register, and its parent company Gannett (see also FAN 451449 and 436). 

    Ready? Here it goes: 

    After years and years of illegal and unconstitutional federal efforts to restrict free expression, I will also sign an executive order to immediately stop all government censorship and bring back free speech to America.

    Never again will the immense power of the state be weaponized to persecute political opponents, something I know something about. We will not allow that to happen. It will not happen again. Under my leadership, we will restore fair, equal, and impartial justice under the constitutional rule of law.

    Never againIt will not happen againStop all government censorship

    And there’s more: When it comes to free speech, all views will be treated with “impartial justice.” Against that promissory note, let us turn to his unprecedented executive order as discussed below.

    Executive Order: Jan. 20, 2025

    By the authority vested in me as President by the Constitution and the laws of the United States of America, and section 301 of title 3, United States Code, it is hereby ordered as follows:

    What follows is a brief description of the Executive Order along with some preliminary comments.

    Section 1. Purpose

    This section opens with an attack on the Biden administration’s alleged “trampl[ing of] free speech rights” when it comes to “online platforms.” Such abridgments, it is asserted, were done in the name of combating “misinformation,” “disinformation,” and “malinformation” in order to advance the Biden administration’s “preferred narrative.” 

    Note at the outset that this section is primarily addressed to reversing the Biden administration’s apparent censorship of online expression. Even so, there is a generalized statement: “Government censorship of speech is intolerable in a free society.”

    Keep that in mind when it comes to what is set out in Section 4 below.

    Section 2. Policy

    This section focuses on four commitments: (i) securing free speech rights of all “American[s]”; (ii) mandating that “no [federal] agent engages in or facilitates” abridgments of free speech; (iii) ensuring that no “taxpayer resources” are used to abridge free speech; and (iv) identify and correct any past federal abridgments of free speech.

    Unlike Section 1, the explicit focus of this section is not confined to any free speech abridgments committed by the previous administration. The focus is on securing free speech rights of “citizens.” Hence, the policy is directed to an affirmative obligation of the Executive branch to protect free speech rights. The operative action words are “secur[ing],” “ensur[ing],” and “identify[ing].”

    Thus, there is a duty to ensure that no federal officers are used or taxpayer dollars expended in violation of the Speech Clause of the First Amendment. Also, unlike Section 1, much of Section 2 applies to all free speech rights and not those confined to social media. There is also a promise to investigate for any and all existing abridgments of free speech committed by “past misconduct by the Federal Government.”

    Section 3. Ending Censorship of Protected Speech

    Like Section 1, this section focuses on the actions of the past administration (i.e., abridgments committed “over the past four years”). This section, unlike section 2, explicitly applies to federal departments and agencies, though it also applies to federal officers, agents and employees. Such agencies and departments must comply with the requirements of Section 2.

    The second portion of this section deals with the investigative powers of the attorney general working “in consultation with the heads of executive departments and agencies.” Again, this investigation is confined to wrongs committed by the past administration. Following such investigations, a “report” shall be submitted to the President suggesting “remedial actions.”

    Much of this section seems repetitive of what is set out in Section 2, save for the references to federal departments and agencies and the need for investigation followed by a report to the President. Note that under Section 3, remedial action is suggested, whereas under Section 4, per this Executive Order, remedial action against the United States and its officers is prohibited.

    Section 4. General Provisions

    In order to appreciate the import of this clause, it is best to quote the final provision (sub-section (c) it in its entirety (with emphasis added):

    This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

    The opening provisions of this Section refer to authorizations of grants of executive power. The Order is to be implemented consistent with the “applicable law and subject to the availability of appropriations.”

    Importantly, While the First Amendment is a prohibition against the federal government and all its officers, this Executive Order:

    1. applies to free speech wrongs committed during “the last 4 years” or “past misconduct by the Federal Government” or abridgments occurring “over the last 4 years,” though there is a passing mention of securing the free speech rights of all “American[s].” 
    2. Yet even as against such past alleged free speech wrongs, the sole remedy is by way of corrective action taken by the Executive Branch. 
    3. If such corrective action, or any other actions taken by Executive officials in pursuance of this Executive Order, themselves abridge First Amendment rights, there is no independent remedy secured by the Order.

    Related

    FIRE weighs in with its own free speech recommendations to the President

    Below are the four general categories of recommendations made (see link above for specifics):

    1. Support the Respecting the First Amendment on Campus Act
    2. Address the abuse of campus anti-harassment policies
    3. Rein in government jawboning
    4. Protect First Amendment rights when it comes to AI

    “As president, Trump inherits the privilege and the obligation to defend the First Amendment rights of all Americans, regardless of their viewpoint — and FIRE stands ready to help in that effort.”

    Justice Ketanji Brown Jackson in free expression mode at the Inauguration?

    Justice Ketanji Brown Jackson at Trump Inauguration in 2024 wearing a distinctive collar adorned with cowrie shells, which are believed to offer protection from evil.

    Justice Ketanji Brown Jackson at the inauguration of Donald Trump on Jan. 20, 2024. (Imagn Images)

    According to Christopher Webb, such “a distinctive collar adorned with cowrie shells . . . are believed to offer protection from evil in African traditions.” (See also, Josh Blackman, “Justice Jackson Did Not Wear a Dissent Collar To The Inauguration. She Apparently Wore a Talisman To Ward Off Evil,” The Volokh Conspiracy (Jan. 21))

    Excerpts from Virginia Court of Appeals decision in Patel v. CNN, Inc.

    Kash Patel at the 2023 Conservative Political Action Conference

    Kash Patel, seen here at the 2023 Conservative Political Action Conference, is President Donald Trump’s nominee to head the FBI. (Consolidated News Photos / Shutterstock.com)

    An excerpt from today’s Virginia Court of Appeals decision in Patel v. CNN, Inc., decided by Judge Rosemarie Annunziata, joined by Judge Vernida Chaney (the opinions weigh in at over 12,000 words, so I only excerpt some key passages).

    Abortion picketing case lingers on docket

    The cert. petition in the abortion picketing case, with Paul Clement as lead counsel, has been on the Court’s docket since July 16 of last year. It has been distributed for conferences seven times, the last being Jan. 21. In his petition, Mr. Clement (joined by Erin Murphy) explicitly called on the Court to “overrule Hill v. Colorado.” (See FAN 433, July 31, 2024))

    Paul Clements and Erin Murphy

    Paul Clements and Erin Murphy

    More in the News

    2024-2025 SCOTUS term: Free expression and related cases

    Cases decided 

    • Villarreal v. Alaniz (Petition granted. Judgment vacated and case remanded for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam))
    • Murphy v. Schmitt (“The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Gonzalez v. Trevino, 602 U. S. ___ (2024) (per curiam).”)
    • TikTok Inc. and ByteDance Ltd v. Garland (The challenged provisions of the Protecting Americans from Foreign Adversary Controlled Applications Act do not violate petitioners’ First Amendment rights.)

    Review granted

    Pending petitions

    Petitions denied

    Last scheduled FAN

    FAN 453: “‘The lawsuit is the punishment’: Reflections on Trump v. Selzer

    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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  • Yeshiva U president to participate in Trump’s inauguration

    Yeshiva U president to participate in Trump’s inauguration

    Rabbi Ari Berman, president of Yeshiva University in New York, will deliver the benediction at the inauguration of Donald Trump next week, officials announced Tuesday.

    Berman “will call for the nation to rise to this historic moment and unite around America’s foundational values as a source for realizing our shared dreams of a prosperous, compassionate country led by faith and trust in God,” according to a university news release.

    Berman has led Yeshiva University, a modern Orthodox Jewish institution, since 2017. As president, he has overseen both successes and controversies. The institution recently reported its highest number of undergraduate applications in its history and has increased the number of transfer students, which it attributed in part to contentious pro-Palestinian protests elsewhere.

    But Yeshiva administrators also clashed with an LGBTQ student group, which it refused to recognize, prompting a lawsuit. In fall 2022, the university suspended all student groups in an effort to avoid recognizing the LGBTQ club after Yeshiva was dealt a legal setback.

    In the university news release, Berman said he was deeply honored to deliver the benediction.

    “As I prepare my remarks, I am inspired by the words of the prophet Jeremiah, who thousands of years ago walked through the roads of Jerusalem, the eternal capital of Israel, and proclaimed ‘Blessed is the one who trusts in God.’ I pray that we are all united around the core values of life and liberty, of service and sacrifice, and especially of faith and morality, which George Washington called the ‘indispensable supports’ of American prosperity,” Berman said.

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  • FIRE’s defense of pollster J. Ann Selzer against Donald Trump’s lawsuit is First Amendment 101

    FIRE’s defense of pollster J. Ann Selzer against Donald Trump’s lawsuit is First Amendment 101

    It is hard to imagine a legal claim that violates basic First Amendment principles more thoroughly than does President-elect Donald Trump’s lawsuit against veteran Iowa pollster J. Ann Selzer and The Des Moines Register. 

    His civil lawsuit arises from a poll published before the November 2024 election that predicted Vice President Kamala Harris in the lead in Iowa. It seeks damages and a court order to prevent the newspaper from publishing any future “deceptive polls” that might “poison the electorate.”  

    Trying to punish newspapers for supposedly “false” reports is not a new phenomenon. Backlash to the Sedition Act of 1798, in which Congress criminalized “false” criticism of some politicians, laid the foundation of First Amendment doctrine. This lawsuit is just a new name for the same theory long rejected under the First Amendment.

    Trump’s lawsuit, brought under an Iowa law against “consumer fraud,” violates long-standing constitutional principles. It’s also entirely meritless under the Iowa law. 

    Enlisting the courts to settle political grudges is directly at odds with the First Amendment’s protection for political speech.

    The lawsuit is the very definition of a “SLAPP” suit — a Strategic Lawsuit Against Public Participation. Such tactical claims are filed purely for the purpose of imposing punishing litigation costs on perceived opponents, not because they have any merit or stand any chance of success. In other words, the lawsuit is the punishment. And it’s part of a worrying trend of activists and officials using consumer fraud lawsuits to target political speech they don’t like. 

    FIRE opposes SLAPP suits and is representing Selzer in order to vindicate her — and your — First Amendment rights.

    Every election has its outlier polls.

    Election polling is core First Amendment activity. It asks people how they will vote and shares an opinion — an educated guess — predicting the likely outcome. Every presidential election cycle brings hundreds of polls, and every cycle has outliers giving false hope (or added anxiety) to supporters of a given candidate.

    Selzer’s Iowa polls have long enjoyed “gold standard” status, accurately predicting Donald Trump’s victories in Iowa in 2016 and 2020. But despite using the same methodology as her previous polls, Selzer’s final 2024 poll, commissioned by the Register, was this cycle’s outlier, predicting a narrow Harris victory. 

    Selzer owned up to the margin between her poll and the eventual outcome of Trump comfortably winning Iowa. She acknowledged the “biggest miss of my career” and did what good pollsters do: She explained her methodology and publicly shared the poll’s crosstabs (results reported out by demographic and attitudinal subgroups), its questionnaire (with demographic information and weighted and unweighted responses), and her theories on the resultsinviting others to offer theirs in turn

    A bogus ‘consumer fraud’ lawsuit

    The post-election transparency Selzer provided wasn’t enough for Trump, despite his winning the presidency.

    During a press conference last month, Trump theorized that the poll was fabricated entirely and pledged to “straighten out the press” because it was “almost as corrupt as our elections are.” That evening, he sued Selzer, her polling company, the Register, and the newspaper’s parent company, Gannett, claiming the poll’s publication violated Iowa’s consumer fraud statute

    This lawsuit uses an inapplicable state statute as a cudgel to force Selzer and the Register to waste time and money on lawyers to respond to the allegations. Enlisting the courts to settle political grudges is directly at odds with the First Amendment’s protection for political speech. 

    Trump’s calls to investigate pollster put First Amendment at risk

    News

    President-elect Donald Trump called for an investigation after Des Moines Register pollster Ann Selzer predicted just days before the election that he would lose Iowa by three points.


    Read More

    Start with the law. Consumer fraud laws target sellers who make false statements to get you to buy something. They’re about the scam artist who rolls back the odometer on a used car, not a newspaper poll or TV weather forecast that gets it wrong.

    Just read the Iowa statute. Trump must identify a fraudulent or deceptive statement “in connection with the advertisement, sale, or lease of consumer merchandise, or the solicitation of contributions for charitable purposes.” Selzer’s poll did not advertise or solicit anything, much less “consumer merchandise,” which Iowa law defines as that intended for “personal, family, or household uses.” 

    Trump’s complaint also argues Selzer engaged in “brazen election interference.” But publishing a poll doesn’t constitute “election interference.” Under Iowa law, election “interference” is conduct like submitting a “counterfeit official election ballot,” encouraging someone to vote when you know they legally cannot, or other forms of direct interference with the conduct of the election. 

    Conducting and publishing a poll is protected First Amendment speech. It has nothing to do with “election interference.”

    The use of consumer fraud lawsuits collides with the First Amendment

    The notion that officials can recast the electorate as “consumers” to punish political speech or news they don’t like is squarely at odds with the First Amendment — yet it’s a theory increasingly advanced by partisans on both the left and the right. From the left, there are calls to regulate “misinformation” on social issues and, from the right, calls to impose “accountability” on news media for their political commentary. 

    Consumer fraud statutes have no place in American politics, or in regulating the news. But it has become an increasingly popular tactic to use such laws in misguided efforts to police political speech. For example, a progressive nonprofit tried to use a Washington state consumer protection law in an unsuccessful lawsuit against Fox News over its COVID-19 commentary. And attorneys general on the right used the same “we’re just punishing falsehoods” theory to target progressive outlets. Right now, Texas is arguing in a federal appellate court that it can use the state’s Deceptive Trade Practices Act to punish political speech even if it is “literally true,” so long as officials think it’s misleading.

    Any attempt — by Democrats, Republicans, or anyone else — to punish and chill reporting of unfavorable news is an affront to the First Amendment.

    Attempts to prohibit purportedly false statements in politics are as old as the republic. In fact, our First Amendment tradition originated from colonial officials’ early attempts to use libel laws against the press. 

    America rejected this censorship after officials used the Sedition Act of 1798 to jail newspaper editors for publishing “false” and “malicious” criticisms of President John Adams. Thomas Jefferson pardoned and remitted the fines of those convicted, writing that he considered the Act “to be a nullity, as absolute and as palpable as if Congress had ordered us to fall down and worship a golden image.” 

    The Supreme Court has since described our experience with the Sedition Act as the event that “first crystallized a national awareness of the central meaning of the First Amendment.” And it has held that government efforts to bar the publication of news reports are “the essence of censorship.” 

    Since then, courts have soundly and repeatedly rejected modern campaigns to regulate “false” speech because, under the First Amendment, “the citizenry, not the government, should be the monitor of falseness in the political arena.”

    SLAPPs chill speech because lawyers are expensive and lawsuits are stressful

    Even when a court dismisses a meritless lawsuit against a speaker, the person filing the lawsuit still “wins” because their critics must spend time and money on the legal process. As Trump once colorfully put it after losing a lawsuit: “I spent a couple of bucks on legal fees, and they spent a whole lot more. I did it to make his life miserable, which I’m happy about.” 

    Some states have anti-SLAPP statutes that require a plaintiff suing over speech to show his case has merit. If he cannot, the plaintiff has to pay the defendant’s legal fees — discouraging plaintiffs from chilling speech through the cost of a lawsuit. But Iowa is not among those states.

    So FIRE is stepping in to represent Selzer and her polling company, Selzer & Company, against this baseless suit. By providing pro bono support, we’re helping to remove the financial incentive of SLAPP suits — just as we’ve done when a wealthy Idaho landowner sued over criticism of his planned airstrip, when a reddit moderator was sued for criticizing a self-proclaimed scientist, and when a Pennsylvania lawmaker sued a graduate student for “racketeering.” (If you are a lawyer who wants to help provide pro bono support to people facing lawsuits for their speech, please join FIRE’s Legal Network.)

    Any attempt — by Democrats, Republicans, or anyone else — to punish and chill reporting of unfavorable news is an affront to the First Amendment. Hearing an opinion or prediction that turns out to be “wrong” is the price of living in a free society. And no American should fear that their commentary on American elections should subject them to liability.

    FIRE protects the First Amendment, whether it’s threatened by the president of the United States or your local mayor. And we do so for all Americans, whether you’re a conservative student unable to wear a “Let’s Go Brandon” sweatshirt, a professor censored under Florida’s STOP WOKE Act, or a libertarian mother arrested for criticizing her city’s mayor

    If your First Amendment rights are threatened, contact FIRE.

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