The document provides a detailed overview of the growing tension and policy conflicts between federal and state governments concerning academic freedom, institutional autonomy, and campus governance, particularly in higher education. It outlines the increasing trend of state interventions, often in the form of legislative measures targeting so-called “divisive concepts” such as critical race theory, gender studies, Diversity, Equity, and Inclusion (DEI) programs, and aspects of curriculum and faculty governance. Since January 2021, nearly 100 bills have been proposed across numerous states, with several states enacting laws that impose restrictions on curriculum content, student groups, and DEI initiatives. These legislative efforts, often described as “educational gag orders,” pose significant threats to the open exchange of ideas and academic self-governance.
In response, organizations such as the American Council on Education (ACE), in partnership with PEN America, have formed coalitions, conducted public opinion research, and developed resource materials to advocate for academic freedom. Research indicates strong bipartisan public support for allowing a broad range of discussions on college campuses and significant opposition to political imposition on academic content. The document emphasizes the importance of clear communication, media engagement, and reframing DEI discussions as strategies for protecting academic freedom in a challenging and evolving political environment.
