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That Day
OPINION

State Lawmakers Can and Must Protect Free Speech

The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
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Universities across the country have policies that openly violate students’ rights. Bias Reporting Systems (BRSs) act as the campus Stasi, collecting reports from students and faculty on their peers in order to track, investigate, and ultimately keep records on and discipline students for their opinions. Secondary and tertiary anti-harassment and anti-discrimination policies are designed to be weaponized against constitutionally protected speech far beyond the reaches of federal laws.

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Board members and trustees should be auditing for these and other oppressive policies but clearly this is not happening. So, when state leaders see this dereliction of duty exercised by university leadership, they are the next line of defense for students’ rights. Both, BRSs and unconstitutional harassment policies have seen their fair share of lawsuits costing universities millions in legal fees. This alone should get the state’s attention.

The lawmakers who actually care about academic rigor, free expression, and diversity of thought can withhold funding from these universities. Unlike with other public education programs funded by the state, many states have the streamlined ability to provide or withhold funding from public universities directly through their appropriations processes.

Many of the policies that target, censor, coerce, and punish student speech originate out of the DEI (Diversity, Equity, and Inclusion) bureaucracy, a $10 billion dollar industry, has captured our universities. And it’s not only just anti-speech policies that come with the DEI regimes, but indoctrination at every level. In Speech First’s 2022 Freshman Disorientation Report, universities’ freshman orientation programs were examined and over 91% stressed DEI topics in their materials. Furthermore, only 30% of schools mentioned free speech or viewpoint diversity. 

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All of this has led to what we’re seeing today, speakers are shut down and shouted out, students are too afraid to share their opinions or engage in class discussions or they anonymously report one another over any perceived and petty slight, using reporting mechanisms as a replacement for debate. 

Currently, tax-payer dollars fund the salaries of administrators who impose their political agendas on students. At many of these universities, top DEI employees pocket anywhere from $329,000 to $430,000 annually, a much higher salary than most professors. Taxpayers are funding departments that implement these unconstitutional policies, and they are footing the bill for the lawsuits that arise from the violation of students’ rights.

Constituents must demand accountability and transparency from their legislatures. States like Pennsylvania, for example, protect their public universities from open records requests. But we know the state is running rampant with Bias Reporting Systems, with at least 23 campuses soliciting anonymous reports on students who have “bias” or dissenting opinions or thoughts.

Unfortunately, we have seen that state lawmakers are either more interested in box tickets, being friends with university trustees for special interests, or, even worse, they lack courage. If our representatives are scared to challenge the far-left administrators on college campuses who violate the rights of the students in the pursuit of their own political agendas, if university board members will not ensure a quality education, then these administrators will continue to run roughshod over our campuses and our kids.

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Oftentimes, there is resistance on the part of the state officials to take aggressive action against state universities because of their concern for “state pride.” In addition to being significant money-makers for states, university sports teams can bring certain, less populated states to the forefront of an otherwise coastal-dominated list of schools. This inevitably attracts more out-of-state students and future residents who may remain in the state after they graduate. But name recognition and developing a national reputation are not limited to athletics programs. “State pride” would be better exhibited by protecting the constitutional rights of constituents. 

Students and parents increasingly look for colleges that will encourage open debate and intellectual discourse that require students to push the boundaries of comfort in order to pursue a higher truth. It is in the interest of states to have campuses where students feel free to speak their minds in class without having to worry about the DEI gestapo. Maintaining a government institution that targets, investigates, and disciplines a state’s people for their speech, thought, and ideas should be an embarrassing stain on the reputation of any state.

When the politically radicalized accreditors hold universities hostage, when board members and university trustees fear being “cancelled” or are asleep at the wheel, then the state legislature is the last line of defense for students who suffer under totalitarian policies. 

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By withholding funding and being more selective with appropriations, by challenging universities to respect the rights of their students, holding bad actors accountable, and educating themselves as well as students on the principles and laws that are the foundation of this country, states can take back their universities—and their pride—once and for all. 

Cherise Trump is executive director of Speech First. Follow her on Twitter: @cherisetrump.

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