PEN America has released a report that sheds light on the increasing censorship tactics being employed in higher education, underscoring the urgent need for attention and action.
PEN America Report Highlights Increasing Censorship Tactics in Higher Education
A report from PEN America titled “America’s Censored Classrooms 2024” indicates a concerning trend regarding the autonomy of educational institutions in the United States. Although the number of proposed bills aimed at censoring curricula in K-12 and higher education has decreased since 2023, new legislation posing threats to institutional autonomy is emerging. The report reveals that 29 bills aimed at undermining the autonomy of higher education were proposed across 12 states last year, with five of these bills successfully passing.
Shift in Censorship Tactics
The report identifies a shift from overt censorship measures to more indirect tactics, such as efforts to reduce faculty governance and weaken tenure. Historically, these bills have focused on limiting discussions related to diversity, equity, and inclusion, establishing mandates for institutional neutrality, or restricting curricular control from faculty members.
Factors Behind Legislative Changes
Jeremy Young, director of PEN America’s Freedom to Learn program, suggests that this shift is driven by two primary factors: ongoing court challenges against explicit speech restrictions and a growing political backlash against such measures, as illustrated by recent electoral outcomes.
Concerns About Academic Integrity
Ellen Schrecker, a professor emerita at Yeshiva University, expresses concern about the potential consequences of reduced faculty governance, arguing that it might undermine the academic integrity and quality of institutions. She asserts that faculty should retain primary control over academic decision-making, especially concerning faculty appointments, due to their specialized expertise in their respective disciplines.
Obscured Legislative Intent
The legislative landscape detailed in the PEN America report shows a trend toward crafting laws in ways that obscure their true purpose. For instance, educational gag orders, which limit discussions on certain topics, have shifted from clear prohibitions to language that aligns more closely with conventional educational objectives.
Examples of Proposed Bills
Examples of proposed bills, such as Indiana’s SB 202, require professors to exhibit “intellectual diversity” in their teaching, effectively linking tenure decisions to compliance with this requirement. Critics of such measures argue that they may restrict educators’ curriculum choices and negatively impact the quality of teaching.
Current Trends in Educational Gag Orders
While the number of proposed educational gag orders has decreased in 2024 compared to the previous year, with 31 such proposals made in 2023, the current bills often use ambiguous and seemingly benign language that conceals their censorship intentions. This tactic allows for the passage of legislation that, while framed as promoting equity or financial prudence, ultimately limits academic expression and exploration.
Ties to Economic Arguments
The evolving nature of this legislative environment is further illustrated by bills that tie funding for diversity, equity, and inclusion initiatives to economic arguments, with legislators citing significant financial burdens related to maintaining these programs and offices.
Legal Resistance on the Rise
In response to these challenges, legal resistance to restrictive legislation is increasing, with 16 active lawsuits against educational gag orders filed since a wave of similar laws took effect in January 2024. Legal claims primarily center around First Amendment rights and allegations of discrimination based on protected characteristics. As these laws continue to influence the educational landscape, additional lawsuits are anticipated as stakeholders react to restrictions on autonomy.
(Source: Inside Higher Ed)