Tag: Wrong

  • Efforts to build belonging may get the problem the wrong way around

    Efforts to build belonging may get the problem the wrong way around

    Back in January 2024, John Blake, the now-departing Office for Students’ Director for Fair Access and Participation, was talking about the future of access and participation plans.

    Alongside announcing additional groups of students who might be at risk – service children, young carers, prisoners, commuter students, parents, and Jewish students – noted that “sense of belonging” had appeared in lots of evidence reviews as relevant to many of the risks.

    I’d urge providers to think hard about practical, enduringly impactful work they might do around that idea as part of new APPs.

    Now that all the approved APPs are in, I’ve had a look at what providers are actually proposing.

    I’ve reviewed approved access and participation plans from across the sector in England, extracting every mention of belonging as a strategic priority, every identification of belonging deficits as a risk, and every intervention designed to address them.

    The result is a picture of how the sector understands and responds to belonging challenges. The pattern I’ve found is so consistent across provider types, mission groups, and geographical locations that it ought to amount to a sector-wide consensus about how to “do” belonging.

    The problem is that that consensus appears to be fundamentally at odds with what research tells us about how belonging actually works.

    The deficit model at scale

    Nearly every university identifies that specific disadvantaged groups – Black students, mature students, care-experienced students, disabled students, commuter students, students from IMD Quintile 1 – report lower belonging scores than their peers.

    They then design targeted interventions to address this deficit – peer mentoring schemes for Black students, mature student networks and “mingles”, care-experienced student buddy schemes, disability-specific student groups, commuter-specific transition support.

    The interventions are pretty homogeneous. Birkbeck is running “sustained programmes of Black Unity Events” to “provide a space for Black students to authentically be themselves, form connections and friendships”. Leeds Arts has created “My/Your/Our Space” – a “safer space and community relevant to background” specifically for students of minoritised ethnicities. Northampton has developed a “Black Excellence Programme” designed “to empower Black undergraduate students early on in their transition to level 4 courses with the confidence, sense of belonging and mattering to become resilient leaders and role models”.

    Greenwich has implemented the “Living Black at University Project to support BAME students develop a sense of belonging and community outside of the classroom”. Liverpool John Moores is “developing a Black students peer network via JMSU, focusing on creating a black student community”.

    It’s not just ethnicity. For mature students, East Anglia will “continue specific co-created sense of belonging opportunities for groups of students to meet socially” through a mature student network. Leeds is expanding a “middle ground network pilot” – “co-creating spaces (virtual, physical) for mature and ‘younger mature’ students to help develop a greater sense of belonging”. Bristol is implementing “enhanced mature student community building through mingles, student advocate-led events, and an extended mature student welcome and transition programme”.

    The pattern is almost identical across every characteristic. Care-experienced students get targeted belonging interventions at York (“Achieve HE program aims for increased sense of belonging socially and academically”), Durham (“dedicated mature learners coordinator” aims for “increased sense of belonging”), and Portsmouth (specialist support for “enhanced sense of belonging”). Disabled students get belonging-focused societies and groups. Commuter students get special spaces. And so on.

    Nearly every institution frames belonging as something that specific groups lack, and that requires special intervention to remedy. The language is consistent – students from disadvantaged backgrounds “may struggle to feel they fit in”, “can lack a sense of belonging at university”, “feel disconnected from their academics/tutors and/or fellow students”, and “feel isolated or unsupported from the moment they arrived at University”.

    The Wisconsin problem

    I’ve talked about this before here, but about a decade ago, there was a problem at the University of Wisconsin-Madison. Across a collection of STEM courses, there was a significant achievement gap between marginalised groups (all religious minorities and non-White students) and privileged students.

    Psychology professor Markus Brauer had an idea based on his previous research on social norms messaging – communicating to people that most of their peers hold certain pro-social attitudes or engage in certain pro-social behaviours.

    He started by trying out posters, then showed two groups of students videos. One saw an off-the-shelf explanation of bias and micro-aggressions. The other saw lots of students describing the day-to-day benefits of diversity – a “social norms” video revealing that 87 per cent of students actively supported diversity and inclusion.

    The latter video had a strong, significant, positive effect on inclusive climate scores for students from marginalised backgrounds. They reported that their peers behaved more inclusively and treated them with more respect.

    But by the end of the semester, the achievement gap was completely eliminated. Not through remedial support for struggling students, not through special programmes for disadvantaged groups, but through changing what everyone believed about what everyone else valued.

    The Wisconsin intervention didn’t create a “Black Student Success Program”, didn’t offer “enhanced support for marginalised students”, and didn’t build “safe spaces” for specific groups or train “allies” to support disadvantaged students. It told all students the truth about what their peers already valued – and behaviour changed dramatically.

    The research found that while most students genuinely valued diversity, they incorrectly believed their peers didn’t share these values, and the misperception created a false social norm that discouraged inclusive behaviour.

    Students who might naturally reach out across cultural boundaries held back, thinking they’d be the odd ones out. When you correct that misperception – when you say “actually, 87 per cent of your peers actively support diversity” – you transform intervention from an exceptional act requiring special training into standard behaviour.

    But most elements of the dominant APP approach do the opposite:

    • Wisconsin said: “Most students already value diversity – here’s proof”. UK universities say: “We need to create spaces where Black students can feel they belong”
    • Wisconsin said: “Inclusive behaviour is normal here”. UK universities say: “We’ll train mature students how to access support networks”
    • Wisconsin said: “Let’s change what everyone thinks everyone else believes”. UK universities say: “Let’s give disadvantaged groups the resources they lack”

    The Wisconsin research explicitly warns against the dominant approach. As the researchers note:

    “…empowering marginalised groups through special initiatives can paradoxically highlight their ‘different’ status, reinforcing the hierarchies we’re trying to dismantle.

    Power and perception

    To understand why the targeted approach fails, we need to examine how power operates in university settings. Brauer’s research identifies several key dynamics.

    Power shapes perception – those with social power tend to stereotype less powerful groups while seeing their own group as diverse individuals. Power also affects behaviour – powerful individuals act more freely, take bigger risks, and break social rules more often. In seminars, confident students dominate discussions while others remain silent – not because they lack ideas, but because power dynamics constrain their behaviour.

    Most importantly, power creates attribution biases. When powerful people succeed, we attribute it to their personal qualities. When less powerful people fail, we blame their circumstances. This creates self-fulfilling prophecies that reinforce existing hierarchies.

    The dynamics explain why traditional EDI initiatives often fail. Telling powerful groups they’re biased can actually reinforce stereotyping by making them defensive. Meanwhile, “empowering” marginalised groups through special initiatives paradoxically highlights their “different” status, reinforcing the hierarchies we’re trying to dismantle.

    For Brauer, the students don’t lack belonging. The institution lacks inclusive structures that make belonging feel normal. There’s a profound difference between “you need help fitting in because you’re different” and “this is how we all do things here – welcome to the crew.”

    Ticking the boxes

    So why are universities doing this? Partly because OfS asked them to think about belonging, partly because APP spend has to be “on” the disadvantaged groups, and partly because “we’re doing a thing” makes sense in a compliance environment.

    It’s easily documented, measurable by group, defensible to regulators, and demonstrably “doing something”. The Wisconsin approach would be much harder to report in an APP. How do you document “we told everyone that most students already value diversity”? Which “target group” got the “intervention”? What’s the “spend per head”? How do you prove that changing perceived social norms reduced the achievement gap when you didn’t target any specific demographic?

    As such, the APP architecture itself pushes providers toward deficit-model interventions. You can’t write “we’re going to make peer support universal and student-led because that’s just how induction works here”, because that doesn’t read as an access and participation intervention.

    You can’t write “we’re going to survey students and publicize that 78 per cent actively welcome international students”. That doesn’t look like you’re spending money on disadvantaged groups, or map onto the OfS risk register.

    The result is targeted compliance theatre that the evidence suggests will entrench the hierarchies it claims to dismantle.

    To be fair, universities are also responding to a genuine perception that students from disadvantaged backgrounds need additional support to succeed. And they’re not wrong about the support needs – they may be wrong about the delivery mechanism.

    When continuation, completion, and attainment gaps persist for Black students, care-experienced students, and students from deprived areas, the institutional instinct is to create support structures for those specific groups – it feels like the responsible, caring response. But in practice, they are initiatives that are characteristic first, student second. You need special help because you’re different.

    What would actually work

    What would an alternative approach entail? The research suggests five key departures from current practice.

    First is normalising rather than targeting. Instead of creating programmes that make intervention seem exceptional, universities would need to reveal what’s already normal. The Wisconsin approach costs almost nothing – a video, an email, some posters showing that 87 per cent of students actively support diversity. But it requires actually surveying students to discover (they probably would) that most already hold pro-social attitudes, then making that visible. “We surveyed 2,000 students here – 78 per cent actively welcome international students” changes the perceived norm without targeting anyone.

    Universal design rather than special fixes also matters. This means asking different questions. Not “what enhanced personal tutoring do disadvantaged groups need?” but “what if the default tutorial system worked properly for everyone?” Not “what mature student networks should we create?” but “what if study groups and peer support were structured to include all ages and backgrounds by default?” Not “what transition support do care-experienced students need?” but “what if induction assumed zero prior knowledge and no family support for everyone?”

    This wouldn’t mean removing targeted financial support or specialist services (hardship funds, mental health provision, disability services). Those remain separate. It’s about ensuring the basic architecture of belonging – induction, peer support, community-building – works for everyone by default rather than requiring special programmes for specific groups.

    Student leadership of essential functions matters too. European models show students running welcome week, managing housing cooperatives, delivering careers support, organizing social activities – not as add-ons but as how the institution functions. Belonging becomes structural rather than programmatic.

    The challenge there is that UK universities have spent decades professionalizing student engagement – student experience teams, transition coordinators, wellbeing advisors, residence life programmes, delivered by professionals, for students, rather than by students, for each other. Reversing this requires actually giving functions back to students, with appropriate support structures and (dare we say) compensation for significant roles.

    But most important is working on the advantaged. If you want Black students to feel they belong, the Wisconsin research suggests you work with white students to change what they believe about what their peers value. The achievement gap closed partly because white students changed their behaviour.

    If you want mature students to feel integrated, you create structures where all students work together on meaningful projects, where collaboration across demographics is normal and expected. If you want care-experienced students to feel they matter, you create environments where all students contribute to running their community, where everyone assumes they’ll both need help and provide it to others.

    Little of this appears in approved APPs, which at best read as well-meaning, and at worst like victim blaming. Whether alternatives could appear in a future APP iteration – whether the architecture of the APP process would even recognise these as access and participation interventions – is an open question.

    What happens now

    The challenge both for OfS and for universities is significant. Every APP currently includes detailed commitments to targeted belonging interventions, complete with evaluation frameworks and expected outcomes. Universities have staff, allocated budgets, designed programmes, and set objectives based on the deficit model approach. Rowing back isn’t straightforward.

    But the evidence is increasingly clear that the approach, however well-intentioned, is unlikely to work – and may indeed backfire. More fundamentally, the sector needs to grapple with some uncomfortable questions. If most UK students already hold pro-social and pro-diversity attitudes (and research suggests they probably do), why don’t they act on them? What structural barriers prevent students from forming friendships and study groups across demographic boundaries?

    John Blake asked for “practical, enduringly impactful work” around belonging. What universities have delivered is well-intentioned, carefully designed, and probably counterproductive.

    The good news is that what actually works – changing social norms, creating universal structures, enabling student leadership – is arguably easier and cheaper than what the sector is intending. The bad news is that it requires the sector to admit it’s been thinking about the problem the wrong way around.

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  • NEW HIGH: 3/4 of Americans say free speech is headed in the wrong direction

    NEW HIGH: 3/4 of Americans say free speech is headed in the wrong direction

    PHILADELPHIA, Nov. 13, 2025 — A new poll from the Foundation for Individual Rights and Expression finds that a record number of Americans now believe that freedom of speech in the country is headed in the wrong direction.

    The quarterly National Speech Index tracks changing attitudes toward free speech among the American public over time. Since its inception in January 2024, the NSI has asked respondents, “When it comes to whether people are able to freely express their views do you think things in America are heading in the RIGHT or WRONG direction?”

    A staggering 74% of Americans in the October edition of the NSI responded that things are headed in the wrong direction for free speech, compared to only 26% who believe things are headed in the right direction. This represents a 10-point jump since the previous July survey.

    Notably, drops in confidence across all political parties contributed to the record-levels of pessimism. From July of this year, Democrats who think things are heading in the right direction fell from 17% to 11%, Independents fell from 31% to 19%, and Republicans fell from 69% to 55%.

    “In the last three months, America watched as Charlie Kirk was murdered for simply debating on a college campus, followed immediately by a wave of censorship of those who opposed his views,” said FIRE Research Fellow & Polling Manager Nathan Honeycutt. “It’s no surprise that a record number of Americans of all parties now think that it’s a dire time for free speech in America.”

    To test support for academic freedom in the aftermath of the Kirk shooting, the October NSI also asked respondents about four politically charged — but constitutionally protected — remarks made by a professor on social media following the shooting. For each statement, majorities of Americans said the professor should not be fired. But their level of support varied by the statement, and substantial minorities in each case reported that the professor “probably” or “definitely” should be fired.

    • 45% say a professor who posted “It’s O.K. to punch a Nazi” should probably or definitely be fired from their job.
    • 37% say a professor who posted “These fascist Bible-thumpers want to drag us back to the Dark Ages” should probably or definitely be fired from their job.
    • 24% say a professor who posted “Our colleges and universities are progressive indoctrination centers” should probably or definitely be fired from their job.
    • 14% say that a professor who posted “We are going to make America great again” should probably or definitely be fired from their job.
    Percentage of Americans who said a professor should be fired if they said the following on social media after Charlie Kirk’s
assassination: (Bar Chart)

    “Americans were most divided on the statement supporting political violence, but it’s heartening that most Americans correctly backed academic freedom,” said FIRE Chief Research Advisor Sean Stevens. “On the other hand, it’s deeply concerning that we intentionally included some rather tame political statements — including the winning slogan of the last presidential election — and vocal minorities still called for the professor’s firing.”

    Overall, Americans view political violence as a problem across the ideological spectrum, with only modest differences in responses when asked about different ideologies. 57% of respondents said they agreed at least somewhat with the statement “Political violence is a problem among progressives.” But 56% said the same of conservatives, and 58% said they agreed at least somewhat that political violence was a problem across all political groups.

    “Americans seem to recognize that political violence isn’t a partisan problem — it’s a national one,” said Honeycutt. “Our polling suggests that the public is less interested in pointing fingers and more interested in fixing the toxic culture of hostility in our politics.”

    FIRE also asked for the first time several questions about “jawboning,” the unconstitutional practice in which the government censors by pressuring private actors to silence speech. Around half of Americans said they were “very” or “extremely” concerned about the government pressuring social media companies (53%), video platforms (50%), or private broadcast companies (52%) to remove content based on the ideology expressed.

    Slightly less, 46%, said they were very or extremely concerned about the federal government pressuring banks to disaffiliate with groups or individuals because of their viewpoints, a practice also known as “debanking.” 35% said they were very or extremely concerned about the federal government pressuring tech companies to remove misinformation from internet search results.

    Percentage of Americans who are concerned about the federal government pressuring ... (Bar Chart)

    “Americans are deeply concerned about jawboning — and they’re right to be,” said FIRE Legislative Director Carolyn Iodice. “Both parties have been guilty in recent years of using government pressure to silence speech. This isn’t a partisan issue; it’s a constitutional one.”

    The National Speech Index is a quarterly poll designed by FIRE and conducted by the Dartmouth Polarization Research Lab to capture Americans’ views on freedom of speech and the First Amendment, and to track how Americans’ views change over time. The October 2025 National Speech Index sampled 1,000 Americans and was conducted from October 20 to 28. The survey’s margin of error is +/- 3.0%.


    The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

    The Polarization Research Lab (PRL) is a nonpartisan collaboration between faculty at Dartmouth College, Stanford University and the University of Pennsylvania. Its mission is to monitor and understand the causes and consequences of partisan animosity, support for democratic norm violations, and support for partisan violence in the American Public. With open and transparent data, it provides an objective assessment of the health of American democracy.

    CONTACT:

    Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; [email protected]

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  • A Step in The Wrong Direction in Engaging College Students in our Democracy

    A Step in The Wrong Direction in Engaging College Students in our Democracy

    Amanda Fuchs Miller On this Election Day, it is critical to think about how we as a country want to ensure that more young people vote and get involved in public service.  As a democracy, we should all be striving to make it easier for new voters to register, get to the polls, and have their vote count.  However, what we are seeing instead are efforts to make it harder for college students to be engaged in our electoral process – through restrictions on supports and language designed to have a chilling effect on voting instead of encouraging it. 

    Right before college students returned to campuses, the U.S. Department of Education issued new guidance designed to make it harder for college students to vote.  Every school year, students receive an email with information about how to register to vote.  This is because it is required in law.  The Higher Education Act requires institutions of higher education to “make a good faith effort to distribute a mail voter registration form…to each student enrolled in a degree or certificate program and physically in attendance at the institution, and to make such forms widely available to students at the institution.” 

    Contrary to statute, the Trump Administration is now encouraging schools to limit who they send this information to – saying that if a school doesn’t send it to students who they have “reason to believe” are ineligible to vote, that’s okay.  In addition to this being contrary to law, which requires all students to receive this information, this will increase the likelihood of students who are eligible not receiving information about how to register to vote (thus suppressing their votes) – and is likely to most impact students of color.  The Department is also encouraging the voter registration information to include language reminding students of the list of ways that voting may be fraudulent – another tactic that may have a chilling effect on students going to the polls.

    The same Department guidance prohibits students from being paid with federal work-study funds for any voting-related activities.  A press release from the Department says that they are making a change to this longstanding policy because “Federal Work-Study is meant to provide students opportunities to gain real-world experience that prepares them to succeed in the workforce, not as a way to fund political activism on our college and university campuses.”

    As we prepare our next generation of leaders to play a role in our democracy, in government, and in public service, it is hard to see how allowing students to participate in nonpartisan voting engagement is not aligned with experience they will benefit from in the workplace. By engaging in nonpartisan voter registration efforts using work-study positions, college students are able to increase the number of their peers who are registered to vote while learning and participating fully in our democratic system – all while earning the funds they are entitled to so that they can afford a college degree.  It can’t go without saying that this restriction is also counter to statute and regulations which do not limit the types of on-campus work study positions to those that are in the “public interest,” as the guidance suggests.  That limitation is only linked to off-campus work-study positions.

    In a survey by CIRCLE following the 2024 elections about why young people didn’t register to vote, more than one in 10 – 12 percent – of people aged 18-34 said they did not know how to register or had problems with voter registration forms. Nearly a third of young people – 31 percent – said they were too busy, ran out of time, or missed the registration deadline.  Without receiving voter registration information, in an objective way, from their college or university or their peers on campus, these numbers are likely to go up as more students will lack the information they need about voter registration.

    Ensuring college students are able to vote shouldn’t be a partisan issue.  In 2024, there were disparities by both gender and race in youth voter turnout.  We all benefit from a democracy where everyone’s voice is heard and every vote is counted – for whomever the ballot is cast. 

    _________

    Amanda Fuchs Miller is president of Seventh Street Strategies and former Deputy Assistant Secretary for Higher Education Programs at the U.S. Department of Education in the Biden-Harris Administration.

     

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  • Why one reading expert says ‘just-right’ books are all wrong

    Why one reading expert says ‘just-right’ books are all wrong

    by Jill Barshay, The Hechinger Report
    October 27, 2025

    Timothy Shanahan, a professor emeritus at the University of Illinois at Chicago, has spent his career evaluating education research and helping teachers figure out what works best in the classroom. A leader of the National Reading Panel, whose 2000 report helped shape what’s now known as the “science of reading,” Shanahan has long influenced literacy instruction in the United States. He also served on the National Institute for Literacy’s advisory board in both the George W. Bush and Barack Obama administrations.

    Shanahan is a scholar whom I regularly consult when I come across a reading study, and so I was eager to interview him about his new book, “Leveled Reading, Leveled Lives.” (Harvard Education Press, September 2025). In it, Shanahan takes aim at one of the most common teaching practices in American classrooms: matching students with “just-right” books. 

    He argues that the approach — where students read different texts depending on their assessed reading level — is holding many children back. Teachers spend too much time testing students and assigning leveled books, he says, instead of helping all students learn how to understand challenging texts.

    “American children are being prevented from doing better in reading by a longstanding commitment to a pedagogical theory that insists students are best taught with books they can already read,” Shanahan writes in his book. “Reading is so often taught in small groups — not so teachers can guide efforts to negotiate difficult books, but to ensure the books are easy enough that not much guidance is needed.”

    Comprehension, he says, doesn’t grow that way.

    The trouble with leveled reading

    Grouping students by ability and assigning easier or harder books — a practice known as leveled reading — remains deeply embedded in U.S. schools. A 2018 Thomas B. Fordham Institute survey found that 62 percent of upper elementary teachers and more than half of middle school teachers teach at students’ reading level rather than at grade level.  

    That may sound sensible, but Shanahan says it’s not helping anyone and is even leading teachers to dispense with reading altogether. “In social studies and science, and these days, even in English classes,” he said in an interview, “teachers either don’t assign any readings or they read the texts to the students.” Struggling readers aren’t being given the chance — or the tools — to tackle complex material on their own.

    Instead, Shanahan believes all students should read grade-level texts together, with teachers providing more support for those who need it.

    Related: Our free weekly newsletter alerts you to what research says about schools and classrooms.

    “What I’m recommending is instructional differentiation,” he said in our interview. “Everyone will have the same instructional goal — we’re all going to learn to read the fourth-grade text. I might teach a whole-class lesson and then let some kids move on to independent work while others get more help. Maybe the ones who didn’t get it, read the text again with my support. By the end, more students will have reached the learning goal — and tomorrow the whole class can take on another text.”

    27 different ways

    Shanahan’s approach doesn’t mean throwing kids into the deep end without help. His book outlines a toolbox of strategies for tackling difficult texts, such as looking up unfamiliar vocabulary, rereading confusing passages, or breaking down long sentences. “You can tip over into successful reading 27 different ways,” he said, and he hopes future researchers discover many more. 

    He is skeptical of drilling students on skills like identifying the main idea or making inferences. “We’ve treated test questions as the skill,” he said. “That doesn’t work.”

    There is widespread frustration over the deterioration of American reading achievement, especially among middle schoolers. (Thirty-nine percent of eighth graders cannot reach the lowest of three achievement levels, called “basic,” on the National Assessment of Educational Progress.) But there is little agreement among reading advocates on how to fix the problem. Some argue that what children primarily need is more knowledge to grasp unfamiliar ideas in a new reading passage, but Shanahan argues that background knowledge won’t be sufficient or as powerful as explicit comprehension instruction. Other reading experts agree. Nonie Lesaux, dean of the Harvard Graduate School of Education who specializes in literacy in her own academic work, endorsed Shanahan’s argument in an October 2025 online discussion of the new book. 

    Shanahan is most persuasive in pointing out that there isn’t strong experimental evidence to show that reading achievement goes up more when students read a text at their individual level. By contrast, a 2024 analysis found that the most effective schools are those that keep instruction at grade level. Still, Shanahan acknowledges that more research is needed to pinpoint which comprehension strategies work best for which students and in which circumstances.

    Misunderstanding Vygotsky

    Teachers often cite the Russian psychologist Lev Vygotsky’s “zone of proximal development” to justify giving students books that are neither too easy nor too hard. But Shanahan says that’s a misunderstanding of Vygotsky’s work.

    Vygotsky believed teachers should guide students to learn challenging things they cannot yet do on their own, he said.

    He offers an analogy: a mother teaching her child to tie their shoes. At first, she demonstrates while narrating the steps aloud. Then the child does one step, and she finishes the rest. Over time, the mother gradually releases control and the child ties a bow on his own. “Leveled reading,” Shanahan said, “is like saying, ‘Why don’t we just get Velcro?’ This is about real teaching. ‘Boys and girls, you don’t know how to ride this bike yet, but I’m going to make sure you do by the time we’re done.’ ”

    Related: What happens to reading comprehension when students focus on the main idea

    Shanahan’s critique of reading instruction applies mainly from second grade onward, after children learn how to read and are focusing on understanding what they read. In kindergarten and first grade, when children are still learning phonics and how to decode the words on the page, the research evidence against small group instruction with different level texts isn’t as strong, he said. 

    Learning to read first – decoding – is important. Shanahan says there are rare exceptions to teaching all children at grade level. 

    “If a fifth grader still can’t read,” Shanahan said, “I wouldn’t make that child read a fifth-grade text.” That child might need separate instruction from a reading specialist.

    Advanced readers, meanwhile, can be challenged in other ways, Shanahan suggests, through independent reading time, skipping ahead to higher-grade reading classes, or by exploring complex ideas within grade-level texts.

    The role of AI — and parents

    Artificial intelligence is increasingly being used to rewrite texts for different difficulty levels. Shanahan is skeptical of that approach. Simpler texts, whether written by humans or generated by AI, don’t teach students to improve their reading ability, he argues.

    Still, he’s intrigued by the idea of using AI to help students “climb the stairs” by instantly modifying a single text to a range of reading levels, say, to third-, fifth- and seventh-grade levels, and having students read them in quick succession. Whether that boosts comprehension is still unknown and needs to be studied.

    AI might be most helpful to teachers, Shanahan suspects, to help point to a sentence or a passage that tends to confuse students or trip them up. The teacher can then address those common difficulties in class. 

    Shanahan worries about what happens outside of school: Kids aren’t reading much at all.

    He urges parents to let children read whatever they enjoy — regardless if it’s above or below their level — but to set consistent expectations. “Nagging may not be effective,” he said. “But you can be specific: ‘After dinner Thursday, read the first chapter. When you’re done, we’ll talk about it, and then you can play a computer game or go on your phone.’ ”

    Too often, he says, parents back down when kids resist. “They are the kids. We are the adults,” Shanahan said. “We’re responsible. Let’s step up and do what’s right for them.”

    Contact staff writer Jill Barshay at 212-678-3595, jillbarshay.35 on Signal, or [email protected].

    This story about reading levels was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for Proof Points and other Hechinger newsletters.

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  • The white paper is wrong – changing research funding won’t change teaching

    The white paper is wrong – changing research funding won’t change teaching

    The Post-16 education and skills white paper might not have a lot of specifics in it but it does mostly make sense.

    The government’s diagnosis is that the homogeneity of sector outputs is a barrier to growth. Their view, emerging from the industrial strategy, is that it is an inefficient use of public resources to have organisations doing the same things in the same places. The ideal is specialisation where universities concentrate on the things they are best at.

    There are different kinds of nudges to achieve this goal. One is the suggestion that the REF could more closely align to the government missions. The detail is not there but it is possible to see how impact could be made to be about economic growth or funding could be shifted more toward applied work. There is a suggestion that research funding should consider the potential of places (maybe that could lead to some regional multipliers who knows). And there are already announced steps around the reform on HEIF and new support for spin-outs.

    Ecosystems

    All of these things might help but they will not be enough to fundamentally change the research ecosystem. If the incentives stay broadly the same researchers and universities will continue to do broadly the same things irrespective of how much the government wants more research aimed at growing the economy.

    The potentially biggest reform has the smallest amount of detail. The paper states

    We will incentivise this specialisation and collaboration through research funding reform. By incentivising a more strategic distribution of research activity across the sector, we can ensure that funding is used effectively and that institutions are empowered to build deep expertise in areas where they can lead. This may mean a more focused volume of research, delivered with higher-quality, better cost recovery, and stronger alignment to short- and long-term national priorities. Given the close link between research and teaching, we expect these changes to support more specialised and high quality teaching provision as well.

    The implication here is that if research funding is allocated differently then providers will choose to specialise their teaching because research and teaching are linked. Before we get to whether there is a link between research funding and teaching (spoiler there is not) it is worth unpacking two other implications here.

    The first is that the “strategic distribution” element will have entirely different impacts depending on what the strategy is and what the distribution mechanism is. The paper states that there could, broadly, be three kinds of providers. Teaching only, teaching with applied research, and research institutions (who presumably also do teaching.) The strategy is to allow providers to focus on their strengths but the problem is it is entirely unclear which strengths or how they will be measured. For example, there are some researchers that are doing research which is economically impactful but perhaps not the most academically ground breaking. Presumably this is not the activity which the government would wish to deprioritise but could be if measured by current metrics. It also doesn’t explain how providers with pockets of research excellence within an overall weaker research profile could maintain their research infrastructure.

    The white paper suggests that the sector should focus on fewer but better funded research projects. This makes sense if the aim is to improve the cost recovery on individual research projects but improving the unit of resource through concentrating the overall allocation won’t necessarily improve financial sustainability of research generally. A strategic decision to align research funding more with the industrial strategy would leave some providers exposed. A strategic decision to invest in research potential not research performance would harm others. A focus on regions, or London, or excellence wherever it may be, would have a different impact. The distribution mechanism is a second order question to the overall strategy which has not yet dealt with some difficult trade offs

    On its own terms it also seems research funding is not a good indicator of teaching specialism.

    Incentives

    When the White Paper suggests that the government can “incentivise specialisation and collaboration through research funding reform”, it is worth asking what – if any – links there currently are between research funding and teaching provision.

    There’s two ways we can look at this. The first version looks at current research income from the UK government to each provider(either directly, or via UKRI) by cost centre – and compares that to the students (FTE) associated with that cost centre within a provider.

     

    [Full screen]

    We’re at a low resolution – this split of students isn’t filterable by level or mode of study, and finances are sometimes corrected after the initial publication (we’ve looked at 2021-22 to remove this issue). You can look at each cost centre to see if there is a relationship between the volume of government research funding and student FTE – and in all honesty there isn’t much of one in most cases.

    If you think about it, that’s kind of a surprise – surely a larger department would have more of both? – but there are some providers who are clearly known for having high quality research as opposed to large numbers of students.

    So to build quality into our thinking we turn to the REF results (we know that there is generally a good correlation between REF outcomes and research income).

    Our problem here is that REF results are presented by unit of assessment – a subject grouping that maps cleanly neither to cost centres or to the CAH hierarchy used more commonly in student data (for more on the wild world of subject classifications, DK has you covered). This is by design of course – an academic with training in biosciences may well live in the biosciences department and the biosciences cost centre, but there is nothing to stop them researching how biosciences is taught (outputs of which might be returned to the Education cost centre).

    What has been done here is a custom mapping at CAH3 level between subjects students are studying and REF2021 submissions – the axis are student headcount (you can filter by mode and level, and choose whichever academic year you fancy looking at) against the FTE of staff submitted to REF2021 – with a darker blue blob showing a greater proportion of the submission rated as 4* in the REF (there’s a filter at the bottom if you want to look at just high performing departments).

    [Full screen]

    Again, correlations are very hard to come by (if you want you can look at a chart for a single provider across all units of assessment). It’s almost as if research doesn’t bring in money that can cross-subsidise teaching, which will come as no surprise to anyone who has ever worked in higher education.

    Specialisation

    The government’s vision for higher education is clear. Universities should specialise and universities that focus on economic growth should be rewarded. The mechanisms to achieve it feel, frankly, like a mix of things that have already been announced and new measures that are divorced from the reality of the financial incentives universities work under.

    The white paper has assiduously ducked laying out some of the trade-offs and losers in the new system. Without this the government cannot set priorities and if it does not move some of the underlying incentives on student funding, regional funding distribution, greater devolution, supply-side spending like Freeports, staff reward and recognition, student number allocations, or the myriad of things that make up the basis of the university funding settlement, it has little hope of achieving its goals in specialisation or growth.

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  • EXPLAINER: Why Marco Rubio’s arguments for deporting noncitizens for speech are wrong

    EXPLAINER: Why Marco Rubio’s arguments for deporting noncitizens for speech are wrong

    In August, FIRE sued Secretary of State Marco Rubio for violating the First Amendment. 

    Since March, Rubio and the Trump administration had been detaining and attempting to deport legally present noncitizens for protected speech — including writing op-eds and attending protests — because they disliked that speech.

    To do it, they invoked two provisions of the Immigration and Nationality Act: one that allows the secretary of state to initiate deportation proceedings against any noncitizen for protected speech if the secretary “personally determines” the speech “compromises a compelling foreign policy interest,” and another that enables the secretary of state to revoke the visa of any noncitizen “at any time” for any reason.

    This, as FIRE has argued, is unconstitutional. Noncitizens in the United States have First Amendment rights, and Rubio’s use of these provisions not only violates those rights, but also showcases why the two provisions are unconstitutional and must be struck down to the extent they allow adverse immigration action based on protected speech.

    Of course, the government sees it differently. They have leveled several arguments for why their conduct is defensible, necessary, and constitutional. However, a brief filed on October 20 by FIRE explains why the government’s arguments don’t withstand scrutiny.

    Here’s a breakdown of the government’s claims and why the law points in the other direction.

    The government says it isn’t targeting protected speech — despite all evidence to the contrary

    The government’s attorneys in this case insist that the claims of FIRE’s plaintiffs — The Stanford Daily, which employs the writing of noncitizen journalists and covers the impact of the war in Gaza on campus, and Jane and John Doe, who engage in pro-Palestinian advocacy — should be dismissed because the government, the attorneys argue, “do[es] not pursue visa revocations and removal proceedings purely based on political speech.”

    Unfortunately, everything government officials have said and done proves otherwise.

    President Trump, for instance, has vowed to deport “any student that protests” and revoke visas of “antisemitic” students. Rubio has stated publicly that “people that are supportive of movements” he determines “run counter to the foreign policy of the United States” are subject to visa revocation and deportation.

    Officials tasked with carrying out these promises have also testified that a wide variety of pro-Palestinian speech, including chanting “from the river to the sea, Palestine will be free,” calling Israel “an apartheid state,” and “criticizing Israel’s actions in Gaza,” are sufficient to justify action under the revocation and deportation provisions. These are all forms of political expression protected by the First Amendment, proving in both word and deed that the government is in fact targeting noncitizens for their free speech.

    “Secretaries Noem and Rubio are engaging in a mode of enforcement leading to detaining, deporting, and revoking noncitizens’ visas solely on the basis of political speech,” U.S. District Judge William Young wrote in a 161-page assessment of the Trump administration’s behavior, “and with the intent of chilling such speech and that of others similarly situated.”

    And that chilling effect is another important aspect of this case.

    The government’s actions are a chill on protected speech

    When combined, the two provisions of the Immigration and Nationality Act grant the secretary of state nearly unlimited authority to target noncitizens whose protected speech they dislike, to revoke the visas of those noncitizens, and to initiate deportation proceedings.

    If you’re a visa or green card holder in the United States, that’s going to make you think twice about speaking your mind — and that’s the point.

    FIRE’s plaintiffs John and Jane Doe have engaged in and planned to engage in speech about American foreign policy and Israel — including accusing Israel of committing “genocide” and using the slogan “from the river to the sea, Palestine will be free.” All of this speech is protected by the First Amendment, but because the provisions of the Immigration and Nationality Act enable the secretary of state to revoke a visa and render noncitizens deportable based on this exact type of speech, that speech is being chilled. Jane Doe is choosing not to speak out anymore, and John Doe is continuing to speak but fears enforcement action.

    FIRE’s other plaintiff, The Stanford Daily, is experiencing a similar chilling effect. As a newspaper committed to “to cover[ing] all relevant campus activities in an unbiased fashion and provide an outlet for Stanford community members to publish opinions,” the newspaper has a keen interest in covering the voices of students on campus — which necessarily includes noncitizens with pro-Palestinian views. 

    However, due to the provisions of the Immigration and Nationality Act, as well as the actions Rubio and the Trump administration have already taken to target disfavored speech, noncitizen journalists have refused assignments and even quit the newspaper out of fear. One need only to look at the case of Rümeysa Öztürk, a Tufts student who was detained for writing an op-ed critical of Israel, for ample reason behind The Stanford Daily’s concerns.

    The implications here should be obvious. If there is a credible threat of the government revoking your visa and engaging in deportation proceedings for speech you publish in your school newspaper, you’re unlikely to take the risk. This not only violates the First Amendment rights of these noncitizens, it also harms the ability of all citizens to read and hear perspectives about matters of public importance that the current administration doesn’t like.

    The provisions of the Immigration and Nationality Act are unconstitutional and must be struck down

    The First Amendment prohibits Congress from enacting — and the executive branch from enforcing — laws penalizing speakers because of their opinions, no matter their immigration status.

    It’s as simple as that.

    The idea, from our nation’s founding, is to protect the “inalienable” right to free expression. Our Founders did not believe that free speech was a privilege granted to us by our government, but rather a right inherent to us all, which required protection from government. And there is no historical merit to the idea, forwarded by some, that these rights were only ever intended for American citizens. In fact, many of the most prominent and controversial voices during our nation’s founding were noncitizens.

    This is why the Supreme Court has repeatedly recognized that the First Amendment’s protection for free speech applies to noncitizens, noting in cases such as Kwong Hai Chew v. Colding that:

    Once an alien lawfully enters and resides in this country he becomes invested with the rights guaranteed by the Constitution to all people within our borders. Such rights include those protected by the First and the Fifth Amendments … They extend their inalienable privileges to all ‘persons’ and guard against any encroachment on those rights by federal or state authority.

    For all of these reasons, the revocation and deportation provisions of the Immigration and Nationality Act — which the government itself has publicly acknowledged allows it to revoke noncitizens’ visas and render them deportable for protected expression — are an unconstitutional violation of the First Amendment.

    The government argues that, because its actions involve immigration and foreign policy in this case, its “authority is at its zenith” and its arguments are “entitled to the most deference from the courts.” However, it is basic high school civics, and noted in the 1803 case Marbury v. Madison, that “it is emphatically the province and duty of the judicial department to say what the law is.”

    The Supreme Court has also explained, as it did in Holder v. Humanitarian L. Project, that “[o]ur precedents, old and new, make clear that concerns of national security and foreign relations do not warrant abdication of the judicial role. We do not defer to the Government’s reading of the First Amendment, even when such interests are at stake.” 

    And as the Ninth Circuit court noted in Washington v. Trump, “the Supreme Court has repeatedly and explicitly rejected the notion that the political branches have unreviewable authority over immigration or are not subject to the Constitution when policymaking in that context.”

    The Constitution does not disappear when important issues are at stake. The point of a written constitution is to prevent the political branches from declaring the limits of their own power. The provisions of the Immigration and Nationality Act are a clear violation of these principles. Both constitute viewpoint and content discrimination because they permit the government to impose adverse immigration consequences on lawfully present noncitizens simply because the secretary of state dislikes their political speech. 

    No person should hold such power under our system of government. For these reasons, FIRE is seeking a landmark ruling that these provisions are unconstitutional to the extent they allow the secretary of state to revoke visas or initiate deportation proceedings based on protected speech.

    America is different, and that’s a good thing

    Regardless of your opinions on the political speech in question, if you value the First Amendment, this case should matter to you. This doesn’t just implicate the expression of lawfully present noncitizens. It also implicates your ability to hear speech that the government finds unfavorable to its interests — and that is a critical freedom that sets America apart. 

    As FIRE’s brief notes:

    America is different. Over the centuries, as the world’s nations jailed, censored, and exiled unpopular speakers in the name of some pressing interest, we charted a different course. In our country, Thomas Jefferson explained, “the rights of thinking, and publishing our thoughts by speaking or writing” are inalienable rights belonging to the individual and never surrendered to a government’s control. To protect those inalienable rights, the Founders crafted the First Amendment, ensuring that “Congress shall make no law” abridging the right of individuals to think and speak for themselves. The Bill of Rights’ opening command, forged when noncitizen Europeans were some of the most prolific and controversial commentators of the day, makes “no distinction between citizens and resident aliens.”

    For a more detailed and granular assessment of the arguments forwarded in this case, we encourage you to read the brief in full.

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  • Higher Ed Moving in “Wrong Direction”

    Higher Ed Moving in “Wrong Direction”

    The share of Americans who believe higher education has lost its way is on the rise, according to a new survey the Pew Research Center published Wednesday.

    Of the 3,445 people who responded to the survey last month, 70 percent said higher education is generally “going in the wrong direction,” up from 56 percent in 2020. They cited high costs, poor preparation for the job market and lackluster development of students’ critical thinking and problem-solving skills.

    The survey results come amid turmoil for the higher education sector, which was already facing rising public skepticism about the value of a college degree before Donald Trump took office earlier this year. But over the past nine months, the Trump administration has terminated billions in federal research grants and withheld even more money from several selective institutions.

    Another survey published this week found that most Americans oppose the government’s cuts to higher education.

    Earlier this month, Trump asked universities to sign a compact that would give them preference in federal funding decisions if they agree to make sweeping operational changes, including suppressing criticism of conservative views on campus.

    But the state of campus free speech is already one factor driving the public’s overall negative views about higher education, according to the survey.

    Forty-five percent of respondents said colleges and universities are doing a fair or poor job of exposing students to a wide range of opinions and viewpoints; 46 percent said institutions are doing an inadequate job of providing students opportunities to express their own opinions and viewpoints.

    Political leanings also influenced perceptions of higher education, though the gap between Republicans and Democrats has narrowed in recent years.

    According to the survey, 77 percent of Republicans and Republican-leaning respondents said higher education is moving in the wrong direction, compared to 65 percent of Democrats and Democratic-leaning respondents.

    Republicans were more likely than Democrats to say that universities are doing a poor or fair job of preparing students for well-paying jobs, developing students’ critical thinking and problem-solving skills, exposing students to a wide range of opinions and viewpoints, and providing opportunities for students to express their own opinions and views.

    republican vs democrats on higher ed

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  • Why our critics’ whataboutery over Jimmy Kimmel is wrong

    Why our critics’ whataboutery over Jimmy Kimmel is wrong

    Jimmy Kimmel just got suspended for having an opinion. 

    Specifically, ABC pulled Jimmy Kimmel Live! off the air following backlash from the head of the Federal Communications Commission over remarks Kimmel made last week about the murder of Charlie Kirk. We have been vocal in our opposition to this, and as a result, we’ve received some criticism online. So let’s take a minute to consider some of the most common remarks and address those concerns.

    We said an extraordinary amount of things. Let’s start with filing amicus briefs in two Supreme Court cases about government pressure on private companies last term, NRA v. Vullo and Murthy v. Missouri

    Vullo was about the superintendent of New York’s Department of Financial Services pressuring insurance companies and banks to stop providing services to the National Rifle Association. The Department didn’t quite order the companies not to work with the NRA. Instead, it met with the groups, pointed out regulatory violations that didn’t have anything to do with the NRA, and suggested the state might be less interested in pursuing those regulations if the companies “ceased providing insurance to gun groups, especially the NRA.” 

    As our brief explains: 

    The First Amendment does not permit the government to censor speech via informal or indirect means. When government officials “invok[e] legal sanctions and other means of coercion, persuasion, and intimidation” to chill disfavored speech, they impose “a scheme of state censorship” just as unlawful as direct regulation.

    The Supreme Court unanimously agreed. 

    In Murthy, the states of Missouri and Louisiana and a handful of individual social media users sued various federal agencies and officials, arguing that content moderation private companies conducted during COVID-19 and the 2020 election was driven by “jawboning” — that is informal, coercive government pressure — from the Biden administration. Our brief argued that such informal pressure violates the First Amendment.

    We wrote

    Although much attention has focused on the power of “Big Tech,” it is a bad idea for government officials to huddle in back rooms with corporate honchos to decide which social media posts are “truthful” or “good” while insisting, Wizard of Oz-style, “pay no attention to that man behind the curtain.” No matter how concerning it may be when private decisionmakers employ opaque or unwise moderation policies, allowing government actors to surreptitiously exercise control is far worse.

    There’s simply no daylight between our positions in these cases and our position in the current FCC controversy.

    In terms of advocacy, we stood up for a professor accused of bias after writing that if you question the lab origin of COVID-19, you should “at least consider that you are an idiot who is swallowing a whole lot of Chinese cock swaddle.” We argued against a University of Iowa policy limiting what faculty could say about masks and the virus. We criticized NYU for telling medical faculty not to talk to the press. We stood up for RAs whose university told them they couldn’t talk about it in Virginia, and RAs told they couldn’t criticize their university’s response in Maryland

    In research, last year we wrote the Fire Report on Social Media 2024, where we expanded on the problem of jawboning, and specifically how it occurred during the Biden administration. We noted, based on a survey from FIRE and IPSOS, that:

    The American public is concerned about this issue. Our polling found that 77% of Americans believe it is important for social media companies to “[be] fully transparent about any government involvement in content moderation decisions,” including 79% of Democrats, 75% of Republicans, and 81% of independents.

    So, yes. We have been loud, clear, and consistent on this issue for quite some time.

    X post 2

    In fact, we opposed cancel culture then and we oppose cancel culture now. And respectfully, with affection to our fellow co-workers, we’re not what you’d generally consider “key cultural tastemakers.”

    X post 3

    Actually, we have taken a public stand on people’s right to protest on either side of the abortion debate. Until 2022, we were focused on college campuses, so abortion clinics generally weren’t in the mission, but we did stand up for pro-life students and their right to express themselves. Just as we stood up for pro-choice students. And pro-marijuana students. And pro-Nicki Minaj students. (There are no anti-Nicki Minaj students. That’s a scientific fact. But if there were, we’d stand up for them.)

    But since we have expanded to cover freedom of expression on campus and off, Sarah McLaughlin, senior scholar of global expression at FIRE, has drawn attention to cases exactly like the one you cite.

    X post 4

    Not only did we not ban or deplatform any rights during Covid, we vehemently oppose speech bans and deplatforming. In fact, we keep a Campus Deplatforming Database to help monitor and curb such practices. And we have spoken out against government efforts to police disinformation as well as misinformation.

    X post 5

    Yes, but we were a campus-only organization at the time, and by the time we expanded in 2022, she had already sued. (Some of us were pissed personally that they ruined The Mandalorian to do it, if that helps.) Also, there’s a difference between a company caving to a cancel-culture campaign like the one that targeted Carano, and a company making a similar decision under threats from the government. Yes, both are bad for free-speech culture. But one is prohibited by the Constitution.

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  • Why everything Pam Bondi said about ‘hate speech’ is wrong

    Why everything Pam Bondi said about ‘hate speech’ is wrong

    We get it: not everyone is a free speech expert. A huge part of our job at FIRE is educating the public about their First Amendment rights, the scope of free speech law, and the foundational principles that make free expression so important.

    Most people don’t have the time to get in the weeds like we do, so it’s understandable for the average American to sometimes get things wrong about free speech. But when you’re the attorney general of the United States, like Pam Bondi, you really should know better.

    While discussing the assassination of Charlie Kirk and campus antisemitism on The Katie Miller Podcast, Bondi said the Justice Department would investigate and prosecute incidents of “hate speech.” While she’s trying to go into damage control mode and walk back some of her mistakes, it’s important to correct our nation’s chief law enforcement officer on what is and isn’t protected expression. 

    There’s free speech, and then there’s hate speech. And there is no place — especially now, especially after what happened to Charlie — [for that] in our society.

    This is, to put it bluntly, absolutely false — so-called “hate speech” is free speech. 

    The idea that “hate speech” is a separate and unprotected category of expression is one that we, unfortunately, have had to debunk time and time again. The fact is there is no “hate speech” exception to the First Amendment, and there can’t be. The Supreme Court has rejected the notion on multiple occasions, and the reasons for this should be obvious to someone in Bondi’s position.


    WATCH VIDEO: Should the First Amendment protect hate speech?

    What constitutes “hate speech” is inherently subjective, so it’s impossible to narrowly define it in a way that passes constitutional muster — let alone in a way that doesn’t empower the government to target speech it disfavors.

    As Supreme Court Justice John Marshall Harlan II wrote in 1971’s Cohen v. California, “one man’s vulgarity is another man’s lyric.” Or as Justice Samuel Alito wrote in Matal v. Tam almost four decades later, “the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate.’” In that case, the Court unanimously found that the government couldn’t deny a trademark to an Asian-American band called the Slants because it found the name disparaging. 

    Some consider criticism of Israel or Black Lives Matter to be hate speech. Others believe criticizing LGBTQ+ advocacy or Christian conservatism fits the description. And some, like President Trump, want to push the idea that even critical news coverage of an elected official — namely, him — can be a form of hate speech.

    Apart from the inescapably subjective sentiment that “hate speech is any speech I hate,” the only thing on which proponents of treating hate speech as unprotected agree is the desire to punish it. This apparently includes Pam Bondi:

    We will absolutely target you, go after you, if you are targeting anyone with hate speech.

    This is absolutely chilling. It’s why carving out a “hate speech” exception to the First Amendment is so dangerous. It grants the government the power not only to decide what constitutes hateful speech, but to punish it. And that dual empowerment inevitably facilitates attacks on the right to dissent, criticize, and hold accountable whoever is in power. Nothing is more antithetical to what America stands for than enabling federal speech police. 

    Early this morning, Bondi published a post on X, attempting to clarify her comments after a wave of negative response. Unfortunately, she only introduced more confusion:

    Hate speech that crosses the line into threats of violence is NOT protected by the First Amendment. It’s a crime. For far too long, we’ve watched the radical left normalize threats, call for assassinations, and cheer on political violence. That era is over.

    While Bondi is correct that speech satisfying the stringent standard for what constitutes a true threat of violence is not protected by the First Amendment, she seems to effectively equate it with so-called “hate speech.” She goes on:

    Under 18 U.S.C. § 875(c), it is a federal crime to transmit “any communication containing any threat to kidnap any person or any threat to injure the person of another.” Likewise, 18 U.S.C. § 876 and 18 U.S.C. § 115 make it a felony to threaten public officials, members of Congress, or their families.

    Bondi is narrowly correct here. In 2003’s Virginia v. Black, the Supreme Court defined true threats as “those statements 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.”

    However, Bondi quickly shows that she doesn’t understand this narrow exception, which doesn’t cover abstract advocacy of violence or “cheering on” political violence — speech that is, in fact, protected:

    You cannot call for someone’s murder. You cannot swat a Member of Congress. You cannot dox a conservative family and think it will be brushed off as “free speech.” These acts are punishable crimes, and every single threat will be met with the full force of the law.

    Actually, you can call for someone’s murder as long as you’re not inciting it. In the landmark Supreme Court case Brandenburg v. Ohio, the Court established that there is a difference between speech promoting unlawful action and the unlawful action itself. That speech only loses First Amendment protection when it is “directed to and likely to produce imminent lawless action.” The reason for this is to protect our ability to engage in sharp, critical, and even incendiary language — because political speech, as the Supreme Court noted in 1969’s Watts v. United States, “is often vituperative, abusive, and inexact,” and we don’t want a particular politician or administration deciding for everyone when it’s too hateful or offensive.

    Is hate speech protected by the First Amendment?

    Is hate speech protected by the First Amendment? The First Amendment makes no general exception for offensive, repugnant, or hateful expression.


    Read More

    Like hate speech, Bondi also fails to define “doxxing.” It often refers to the intentional release of an individual’s personal identifying information without their permission — though many use the term more liberally, for example, to refer to posting video of ICE agents performing their duties in public. Disclosing truthful information about others is generally protected unless done in a way that amounts to a true threat or incitement. 

    Mercifully, Bondi ended her tweet with something to which we don’t object: 

    Free speech protects ideas, debate, even dissent but it does NOT and will NEVER protect violence.

    You’ll get no argument from us there. Words are words, and violence is violence. And the distinction makes all the difference: Protect speech. Punish violence.

    What Bondi fails to recognize is the critical importance of protecting ideas, debate, and dissent is why there is no First Amendment exception for so-called “hate speech” — and why there never should be.

    Charlie Kirk himself would have agreed:

    Charlie Kirk post on Twitter: "Hate speech does not exist legally in America. There's ugly speech. There's gross speech. There's evil speech."

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  • The Transfer Credit Myth: How Everything We Know About Excess Credits May Be Wrong

    The Transfer Credit Myth: How Everything We Know About Excess Credits May Be Wrong

    The Transfer Credit Myth: How Everything We Know About Excess Credits May Be Wrong

    quintina.barne…

    Thu, 09/04/2025 – 03:00 AM

    Part One: Through the lens of records and registration.

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