Jeremy Bauer-Wolf
Investigations Manager
For years, the Republican party has presented itself as the stalwart defender of free speech on America鈥檚 college campuses, which it argues are inhospitable to conservative ideals. The longstanding trope still animates the party鈥檚 base, which encourages Republican lawmakers to continually rail against the liberal bastion of higher education, with promises to inject 鈥溾 into academe.
During President Donald 国产视频 first term, his answer to this alleged ideological asymmetry came in the form of a few executive actions. This in 2019 that the federal government tie colleges鈥 federal research money to their adherence to the First Amendment (for public institutions) or their own free speech policies (for private ones). Legal experts panned this and other of as performative virtue signaling. After all, colleges were already bound by , the most obvious being the U.S. Constitution. But for Trump, the move wasn鈥檛 about governance, but rather embracing the GOP鈥檚 manufactured outrage over free speech.
Today, Republicans still as free speech watchdogs of college campuses. But new dissonance has emerged between how Republicans continue to present themselves鈥攁s referees of civil liberties鈥攁nd the reality, which is that Trump and his administration are dictating the boundaries of acceptable campus speech with an authoritarian hand.
Trump and his surrogates have threatened to yank federal funding from colleges that teach or promote diversity, equity, and inclusion efforts, a stunning government encroachment, underscored by the absurdity that the president was urging more free speech on campuses not just a few years ago, but also in the present day. to Congress this week, Trump claimed that he 鈥渟topped all government censorship and brought back free speech in America,鈥 even as the administration broadly attempts to root out DEI initiatives from U.S. institutions.
Most recently, news reports revealed that Ed Martin, whom the administration named as Washington, DC鈥檚 interim acting U.S. attorney, last month and demanded it extract DEI-related topics from its curricula. Martin pledged in the letter that his office wouldn鈥檛 hire anyone affiliated with a law school that 鈥渃ontinues to teach and utilize DEI.鈥
A political appointee attempting to dictate what a college can or cannot teach is wrong. And it plainly violates the First Amendment, which Georgetown Law Dean William M. Treanor highlighted to Martin. Policymakers across the political spectrum should condemn Martin鈥檚 letter, too, in defense of U.S. democracy.
In addition to being harmful and illegal in itself, the Trump government's campaign to kill diversity efforts in American schools seems intentionally vague. Martin鈥檚 letter doesn鈥檛 define DEI, as Julian Sanchez, a former senior fellow with the libertarian Cato Institute, . This makes it impossible for Georgetown Law to actually know whether it鈥檚 complying with Martin鈥檚 directive, Sanchez wrote.
Sanchez posed questions: Would teaching a course on antidiscrimination law constitute DEI? How about discussing Brown v. Board of Education, the landmark U.S. Supreme Court case that ruled segregation in schools unconstitutional?
鈥淚 actually can鈥檛 imagine how you鈥檇 teach constitutional or corporate law without getting into material someone might be conceivably construe as teaching DEI,鈥 Sanchez wrote.
More likely, the Trump administration actually doesn鈥檛 have a precise target as it tries to erode diversity efforts across the country, no specific lesson or class it wants gone.
Part of Trump officials鈥 strategy seems to be testing boundaries, issuing indistinct mandates to gauge how far schools will voluntarily allow their freedom of speech to be curtailed.
That appeared to be the case when the U.S. Department of Education to K-12 schools and colleges this month, instructing them to wind down programs that consider race, like certain scholarships 鈥 and said institutions risked the agency pulling their federal funding should they not fall in line.
The department claimed a 2023 Supreme Court ruling striking down race-conscious admissions applied broadly to other programs.
But that鈥檚 not true. The ruling only pertains to admissions, . The Education Department was stretching its argument鈥攁nd its authority鈥攖o push 国产视频 agenda, and it seemed to recognize this, as it that all DEI programs are illicit.
Still, damage was done.
After the Education Department released its letter, one of the most prominent American public colleges鈥攖he flagship institution Ohio State University鈥攌illed two of its DEI programs, its Office of Diversity and Inclusion and its Center for Belonging and Social Change.
The university鈥檚 president, Ted Carter Jr., pointed to the potential loss of federal funding as one of the reasons for abandoning the two offices, according to .
Similarly, the University of Alaska鈥檚 governing board to delete all references to 鈥淒EI鈥 and 鈥渄iversity鈥 throughout their programs, and in print and digital materials, following the Education Department鈥檚 order. High Point University, a private nonprofit institution in North Carolina, went so far as that would be banned in all of its documents, events and presentations, which included 鈥渆quality,鈥 鈥済ender,鈥 and 鈥渨hite supremacy.鈥
Colleges should not obey in advance, even as the Trump administration issues vague ultimatums, apparently designed to intimidate, not enforce clear legal standards.
The battle over DEI in education is in part a test of whether schools will cave to political pressure or uphold their mission to serve all students.
Higher education institutions established diversity initiatives decades ago in recognition that they had long upheld policies that excluded vulnerable populations from accessing and thriving in college. Now they have a chance to be the real defenders of free speech, and not just for DEI efforts, but also for colleges鈥 right to teach without interference from political forces.
Georgetown鈥檚 Treanor did this in his retort to Martin, spelling out that Martin鈥檚 threats flouted the Constitution.
鈥淕eorgetown Law has one of the preeminent faculties in the country, fostering groundbreaking scholarship, educating students in a wide variety of perspectives, and thriving on a robust exchange of ideas,鈥 he wrote.
Treanor鈥檚 letter was simple, not inflammatory, but stood firm in the college鈥檚 commitments to diversity, equity, inclusion, and academic freedom. Other institutions can do the same, or risk becoming complicit in a crusade that seeks to erase those values.