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How the G.O.P. Went From Championing Campus Free Speech to Fighting It

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How the G.O.P. Went From Championing Campus Free Speech to Fighting It

As conservatives fought against cancel culture on college campuses, they developed a particular fondness for the First Amendment. It was un-American, they argued, to punish someone for exercising their right to speak freely.

Today, however, many of those same conservatives, now in power in state and federal government, are behind a growing crackdown on political expression at universities, in ways that try to sidestep the Constitution’s free-speech guarantees.

President Trump and Republican lawmakers say that new laws and policies are necessary to protect students from harmful and objectionable content, to prevent harassment and to discourage conformity.

To that end, Mr. Trump has threatened to withhold hundreds of millions of federal dollars from universities because they moved too slowly to quell protests that left many Jewish students feeling threatened. And Republicans in state legislatures have drafted sweeping prohibitions against classroom “indoctrination” and the display of certain L.G.B.T.Q. symbols. They have also demanded the removal of art they consider inappropriate.

In some cases, the Trump administration has said existing federal law already gives the president all the power he needs to act. When Mr. Trump said he would deport student activists, for example, he claimed to be acting in the interest of American foreign policy.

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Tellingly, administration officials have said they are not bound by the First Amendment when it comes to noncitizens.

“This is not about free speech,” said Secretary of State Marco Rubio. “This is about people that don’t have a right to be in the United States to begin with. No one has a right to a student visa. No one has a right to a green card.”

Critics of this broad approach, including some on the right, say Republicans are being just as heavy-handed and censorious as they claimed the left was toward them.

“That makes the situation so much worse,” said Greg Lukianoff, chief executive of the Foundation for Individual Rights and Expression, a free-speech group that often represents moderates and conservatives who claim they’ve been retaliated against for their political views.

“Now we have all this federal pressure and pressure from state governments — sometimes really direct and clear, and sometimes hazy and confusing,” he said, adding, “There’s a lot fewer people who care about the nonpartisan defense of free speech now.”

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For many First Amendment experts and academics, the new laws and orders reveal an especially insidious threat: Public officials who are willing to marshal the power of the state against people whose views they dislike.

“A number of people in elected office have gotten extraordinarily comfortable with the idea that they should use that office to control the spread of ideas and information,” said Jonathan Friedman, a managing director at PEN America, a free speech advocacy group.

“And at a fundamental level, that’s what makes all of this so dangerous,” Mr. Friedman added.

While the federal government’s role in some aspects of education is fairly limited, it does hold powerful tools that the Trump administration has been eager to use. It can launch civil rights investigations, for instance, or withhold research grants.

States, which provide more funding for public schools and universities than the federal government does, have greater leverage and control.

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Legislation approved last month by the Ohio State Senate sets parameters for the discussion of any “controversial belief or policy” at state universities — including climate change, electoral politics, abortion and immigration. The bill demands that faculty members “shall not seek to indoctrinate any social, political, or religious point of view.”

Sponsors say its purpose is to “allow students to exercise their right to free speech without threat of reprisal.” If it becomes law, universities would also be required to post all undergraduate course syllabuses online, along with the professor’s contact information and professional qualifications.

Many states have taken aim at diversity, equity and inclusion programs in university hiring and admissions. But Republicans in Arizona are going further, by trying to remove the subject entirely from the classroom. The State Senate approved a bill this month that would deny funding to any public college or university that teaches about contemporary American society through the academic framework of concepts including “critical theory, whiteness, systemic racism, institutional racism, antiracism, microaggressions.”

A bill awaiting the governor’s signature in Utah would outlaw pride flags at public schools and on government property.

In some cases, Republicans have directly interfered with campus activities. Students at the University of North Texas took down a pro-Palestinian art exhibit last month after a Republican lawmaker complained that it referred to genocide in Hebrew.

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At Texas A&M University, officials banned drag performances on campus, saying it was “inconsistent” with the university’s values to host events that “involve biological males dressing in women’s clothing.”

The American education system has long been a target for conservatives, many of whom see it as hostile to their values. In the last few years, the country’s most explosive political and cultural clashes — over Covid policy, racial inequality, gender identity, immigration, Gaza — have played out with intensity on campus quads, at school board meetings and in the classroom.

Disruptive student protests have been an animating issue for Mr. Trump. In 2017, he suggested revoking funding from the University of California, Berkeley, after the university canceled an appearance by the professional right-wing provocateur Milo Yiannopoulos.

Today, Mr. Trump — who declared in his recent address to Congress that he had “brought back free speech” — continues to antagonize academia, but this time he is using the power of the presidency.

After his administration announced that it was canceling $400 million in funding for Columbia University, accusing it of failing to protect students and faculty members from “antisemitic violence and harassment,” legal scholars called the move an existential threat to academic freedom.

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“Never has the government brought such leverage against an institution of higher education,” said Lee C. Bollinger, the former president of Columbia University.

Some conservatives said this kind of action is overdue and unsurprising.

“When you take federal funds, you agree to abide by all kinds of rules,” said Ilya Shapiro, director of constitutional studies at the conservative Manhattan Institute. Universities agree, for instance, to abide by certain accounting standards and anti-discrimination policies.

Those rules are not always enforced consistently, Mr. Shapiro said. Nor is the Trump administration “exactly being legally precise” in a lot of what it has done, he added.

“But part of this vibe shift that elected Trump is wanting law and order in a lot of ways,” Mr. Shapiro said. “And that includes on college campuses.”

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The arrest earlier this month of Mahmoud Khalil, a green-card holder who was born in Syria and studied at Columbia, was one of the most aggressive moves yet by the Trump administration in its effort to punish pro-Palestinian demonstrators. Mr. Khalil served as a spokesman for a student group that embraces hard-line anti-Israel rhetoric and says it supports liberation for Palestinians “by any means necessary, including armed resistance.”

In announcing the arrest, the Department of Homeland Security accused Mr. Khalil of aligning himself with Hamas, a designated terrorist organization. Voicing support for such causes is not, however, a crime, and the Supreme Court has declared all manner of hateful speech to be protected by the First Amendment, including cheering the deaths of soldiers at their funerals and, in certain cases, cross burnings.

“It can’t be a crime — or even a civil offense — simply to hold and express heinous views,” said Ann Coulter, the conservative firebrand whose college speeches have been the targets of protesters and have sometimes been threatened with violence.

Ms. Coulter, an immigration hard-liner who acknowledged that she had rarely heard of a deportation that she didn’t support, said the president would be setting a terrible precedent by making protected speech — as offensive as it may be — a reason for deporting a legal green card holder like Mr. Khalil.

But Eugene Volokh, a senior fellow at the Hoover Institution at Stanford, said that the law is not always clear when the speech of noncitizens is at issue. And he said that Mr. Trump’s attempts to punish noncitizens seemed consistent in many ways with powers that Congress had already given presidents.

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Does that mean that Mr. Khalil can be deported for protesting, which is a constitutionally protected act? “The only honest answer,” Mr. Volokh said, “is we don’t know.”

Conservatives have tested the scope of the First Amendment in other ways recently. Ed Martin, the Trump-appointed interim U.S. attorney for the District of Columbia, told the dean of Georgetown University Law Center that he had begun an “inquiry” into the school’s teaching and promotion of diversity, equity and inclusion — and insisted that he would not hire students from any university that continues to offer such programs.

In response, the school’s dean, William Treanor, wrote in a letter that the First Amendment guarantees Georgetown, a private, Catholic institution, “its abilities to determine, on academic grounds, who may teach, what to teach, and how to teach it.”

“This is a bedrock principle of constitutional law,” Mr. Treanor continued, “recognized not only by the courts, but by the administration in which you serve.”

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Education

Opinion | The Jewish Students Caught Up in Trump’s Antisemitism Crackdown

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Opinion | The Jewish Students Caught Up in Trump’s Antisemitism Crackdown

Given these figures, it’s not surprising that Jews have taken a leading role in the protests against Israel’s assault on Gaza. Eleven days after Oct. 7, 2023, progressive and anti-Zionist Jewish groups, including Jewish Voice for Peace, gathered roughly 400 protesters, many wearing shirts that said “Not in Our Name,” and occupied a congressional building. Later that month, Jewish Voice for Peace and its allies led a takeover of New York’s Grand Central Terminal. At Brown University, the first sit-in demanding divestment from companies affiliated with Israel comprised solely Jewish students.

Jewish students are not generally as vulnerable as their Palestinian, Arab, Muslim, Black and noncitizen counterparts, but it is precisely this assumption of greater safety that may have made them more willing to protest in the first place. And many have paid a price. It’s impossible to know what percentage of the students punished for pro-Palestinian activism have been Jewish, since university disciplinary proceedings are often secret. But anecdotal evidence suggests it is significant. And regardless of one’s views about how universities should treat campus activism, there is something bizarre about repressing it in the name of Jewish safety when a number of the students being repressed are Jews.

Since Oct. 7, at least four universities have temporarily suspended or placed on probation their chapters of Jewish Voice for Peace. In 2023 at BrownU Jews for Ceasefire Now protests, 20 members were arrested. (The charges were dropped.) At a pro-Israel event at Rockland Community College at the State University of New York on Oct. 12, 2023, a Jewish student who briefly shouted “From the river to the sea, Palestine will be free” and “Jews for Palestine” was reportedly suspended for the rest of the academic year. In May 2024, a Jewish tenured professor in anthropology at Muhlenberg College said she was fired after she reposted an Instagram post that declared, in part: “Do not cower to Zionists. Shame them. Do not welcome them in your spaces. Do not make them feel comfortable.” In September, Michigan’s attorney general brought felony charges for resisting or obstructing a police officer, as well as misdemeanor trespassing charges, against three Jewish activists — as well as four others — for offenses related to a Gaza solidarity encampment at the University of Michigan in Ann Arbor. (They all pleaded not guilty).

Even when protest has taken the form of Jewish religious observance, it often has been shut down. Last fall, when Jewish students opposing the war during the holiday of Sukkot built Gaza solidarity sukkahs, temporary boothlike structures in which Jews eat, learn and sleep during the holiday, at least eight universities forcibly dismantled them, or required the students to do so, or canceled approval for their construction. (The universities said that the groups were not allowed to erect structures on campus.)

Despite this, establishment Jewish pro-Israel organizations have applauded universities that have cracked down on pro-Palestinian protest. When Columbia suspended its branch of Jewish Voice for Peace alongside Students for Justice in Palestine, the A.D.L. congratulated the university for fulfilling its “legal & moral obligations to protect Jewish students.” After New Hampshire police broke up Dartmouth’s Gaza solidarity encampment, the A.D.L. thanked the college’s president for “protecting all students’ right to learn in a safe environment.” But the experience was hardly safe for Annelise Orleck, the former chair of the school’s Jewish studies program, who said she was zip-tied, body-slammed and forcibly dragged by police officers when they moved in. After the state attorney general announced that she would bring charges against demonstrators at the University of Michigan’s encampment who had allegedly violated the law, an official at the Jewish Federation of Greater Ann Arbor praised her for acting “courageously.” The A.D.L. has since reversed its prior support for the Trump administration’s detention of pro-Palestinian activists. But it still wants universities to impose tough restrictions on campus protest. When I reached out to the organization asking if it had a position on Jewish students getting swept up in campus crackdowns, representatives referred me to Mr. Greenblatt’s recent opinion essays. Each one reiterated the need to fight against what it deems campus antisemitism, but also advocated due process for all those involved.

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Trump Administration Opens Civil Rights Inquiry Into a Long Island Mascot Fight

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Trump Administration Opens Civil Rights Inquiry Into a Long Island Mascot Fight

Federal education officials said on Friday that they had opened a civil rights inquiry into whether New York State could withhold state money from a Long Island school district that has refused to follow a state requirement and drop its Native American mascot.

The announcement came shortly after President Trump expressed his support for the district, in Massapequa, N.Y., in its fight against complying with a state Board of Regents requirement that all districts abandon mascots that appropriate Native American culture or risk losing state funding.

The Massapequa district, whose “Chiefs” logo depicts an illustrated side profile of a Native American man in a feathered headdress, is one of several that have resisted making a change.

The name of the town, a middle-class swath of the South Shore where most residents voted for Mr. Trump in the November election, was derived from the Native American word “Marspeag” or “Mashpeag,” which means “great water land.”

In announcing the investigation, Linda McMahon, the education secretary, said that her department would “not stand by as the state of New York attempts to rewrite history and deny the town of Massapequa the right to celebrate its heritage in its schools.”

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JP O’Hare, a spokesman for the state Education Department, said in a statement that state education officials had not been contacted by the federal government about the matter.

“However,” he added, “the U.S. Department of Education’s attempt to interfere with a state law concerning school district mascots is inconsistent with Secretary McMahon’s March 20, 2025, statement that she is ‘sending education back to the states, where it so rightly belongs.’”

The policy, introduced in 2022, was adopted amid a national push to change Native American mascot names or iconography through legislation and other moves.

When the ban was adopted, about five dozen New York school districts still used Native American-inspired mascots and logos. Districts were given until the end of June this year to eliminate banned mascots.

Since taking office for his second term, Mr. Trump and his administration have waged a relentless campaign against what they argue are illegal diversity, equity and inclusion initiatives and have threatened entities that do not fall in line and eliminate such efforts.

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The president has said he would slash funding for low-income students in states that fail to do away with such programs. New York’s Education Department was the first to publicly refuse to comply with the order.

Massapequa school leaders filed a federal lawsuit seeking to keep the “Chiefs” name, but the judge in the case recently moved closer to dismissing it after finding they had failed to provide sufficient evidence for their claims, including that the mascot qualified as protected speech.

In a social media post this week, Mr. Trump criticized New York’s policy and called for Ms. McMahon to intervene.

“Forcing them to change the name, after all of these years, is ridiculous and, in actuality, an affront to our great Indian population,” the president wrote.

In a statement included in the federal Education Department’s announcement, Kerry Watcher, the Massapequa Board of Education president, welcomed the investigation.

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“Attempts to erase Native American imagery do not advance learning,” Ms. Watcher said. “They distract from our core mission of providing a high-quality education grounded in respect, history and community values.”

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19 States Sue the Trump Administration Over Its D.E.I. Demand in Schools

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19 States Sue the Trump Administration Over Its D.E.I. Demand in Schools

A coalition of 19 states sued the Trump administration on Friday over its threat to withhold federal funding from states and districts with certain diversity programs in their public schools.

The lawsuit was filed in federal court by the attorneys general in California, New York, Illinois, Minnesota and other Democratic-leaning states, who argue that the Trump administration’s demand is illegal.

The lawsuit centers on an April 3 memo the Trump administration sent to states, requiring them to certify that they do not use certain diversity, equity and inclusion programs that the administration has said are illegal.

States that did not certify risked losing federal funding for low-income students.

Rob Bonta, the California attorney general, said at a news conference on Friday that the Trump administration had distorted federal civil rights law to force states to abandon legal diversity programs.

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“California hasn’t and won’t capitulate. Our sister states won’t capitulate,” Mr. Bonta said, adding that the Trump administration’s D.E.I. order was vague and impractical to enforce, and that D.E.I. programs are “entirely legal” under civil rights law.

The Trump administration did not immediately respond to a request for comment on Friday evening.

The administration has argued that certain diversity programs in schools violate federal civil rights law, which prohibits discrimination on the basis of race, color and national origin in programs that receive federal funding.

It has based its argument on the Supreme Court’s 2023 ruling ending the use of race in college admissions, arguing that the decision applies to the use of race in education more broadly.

The administration has not offered a specific list of D.E.I. initiatives it deems illegal. But it has suggested that efforts to provide targeted academic support or counseling to specific groups of students amount to illegal segregation. And it has argued that lessons on concepts such as white privilege or structural racism, which posits that racism is embedded in social institutions, are discriminatory.

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The lawsuit came a day after the Trump administration was ordered to pause any enforcement of its April 3 memo, in separate federal lawsuits brought by teachers’ unions and the N.A.A.C.P., among others.

Mr. Bonta said that the lawsuit by the 19 states brought forward separate claims and represented the “strong and unique interest” of states to ensure that billions of federal dollars appropriated by Congress reach students.

“We have different claims that we think are very strong claims,” he said.

Loss of federal funding would be catastrophic for students, said Letitia James, the attorney general of New York, an adversary of President Trump who previously won a civil fraud case against him.

She noted that school districts in Buffalo and Rochester rely on federal funds for nearly 20 percent of their revenue and said she was suing to “uphold our nation’s civil rights laws and protect our schools and the students who rely on them.”

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