Over the past few years, Republican state lawmakers have introduced more than 150 bills in 35 states that seek to curb academic freedom on campus. Twenty-one of these bills have been signed into law.
This legislation is detailed in a new white paper published by the Center for the Defense of Academic Freedom, a project established by the American Association of University Professors, or AAUP. Taken together, this legislative onslaught has undermined academic freedom and institutional autonomy in five distinct and overlapping ways.
1. Academic gag orders
As detailed in the report, state legislators introduced 99 academic gag orders during legislative sessions in 2021, 2022 and 2023. All of the 10 gag orders signed into law were done so by Republican governors. These bills assert that teaching about structural racism, gender identity or unvarnished accounts of American history harm students.
These gag orders are widely known as “divisive concept” or “anti-CRT” bills. CRT is an acronym for critical race theory, an academic framework that holds racism as deeply embedded in America’s legal and political systems. The partisan activists, such as Christopher Rufo, have used this term to generate a “moral panic” as part of a political response to the 2020 Black Lives Matter protests.
For example, in April 2022, Florida Gov. Ron DeSantis signed House Bill 7, the “Stop Woke Act.” The law defines a “divisive concept” as any of eight vague claims. They include claims that “Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist.”
U.S. District Judge Mark Walker described this law as “positively dystopian.” He noted that the government’s own lawyers admitted that the law would likely make any classroom discussion concerning the merits of affirmative action illegal. The vague wording of these gag orders has a chilling effect, leaving many faculty unsure about what they can and cannot legally discuss in the classroom.
2. Bans on DEI programs
The expansion of diversity, equity and inclusion – or DEI – services on campus was a major outcome of the racial justice protests in 2020. By 2023, however, the legislative backlash was in full swing. Forty bills restricting DEI efforts were introduced during the 2023 legislative cycle, with seven signed into law.
For example, Texas’ Senate Bill 17 drew directly from model policy language developed by Rufo and published by the Manhattan Institute, a right-wing think tank. SB 17 banned diversity statements and considerations in hiring. It also restricted campus diversity training and defunded campus DEI offices at Texas’ public universities.
As detailed in the AAUP white paper, only a handful of people testified in favor of SB 17, and almost all had stated or unstated affiliations with right-wing think tanks. In contrast, more than a hundred educators and citizens testified, or registered to testify, against the bill. Since its passage, Texas public universities have seen the closing of DEI programs and reduced campus services for students from minority populations. For example, after the Legislature accused the University of Texas-Austin of violating SB 17, the school was forced to shut down its DEI office. This involved laying off 40 employees.
Over the past few years, Republican state lawmakers have introduced more than 150 bills in 35 states that seek to curb academic freedom on campus. Twenty-one of these bills have been signed into law.
This legislation is detailed in a new white paper published by the Center for the Defense of Academic Freedom, a project established by the American Association of University Professors, or AAUP. Taken together, this legislative onslaught has undermined academic freedom and institutional autonomy in five distinct and overlapping ways.
1. Academic gag orders
As detailed in the report, state legislators introduced 99 academic gag orders during legislative sessions in 2021, 2022 and 2023. All of the 10 gag orders signed into law were done so by Republican governors. These bills assert that teaching about structural racism, gender identity or unvarnished accounts of American history harm students.
These gag orders are widely known as “divisive concept” or “anti-CRT” bills. CRT is an acronym for critical race theory, an academic framework that holds racism as deeply embedded in America’s legal and political systems. The partisan activists, such as Christopher Rufo, have used this term to generate a “moral panic” as part of a political response to the 2020 Black Lives Matter protests.
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