The Department of Education has finalized a controversial rule implementing a Trump executive order that ties federal research and education grants to campus free speech protections. Under the regulation, public institutions must comply with the First Amendment, while private institutions must adhere to their own stated free speech policies, as conditions for receiving funding. The department will only find noncompliance based on a “final, non-default judgment” by a state or federal court. The rule also clarifies how religious organizations can demonstrate control over educational institutions for Title IX exemption purposes. Despite opposition from 26 higher education associations, including the American Council on Education, which submitted comments warning of the rule’s “breathtaking” breadth and unintended consequences, the department proceeded without addressing concerns. ACE President Ted Mitchell previously characterized federal involvement in campus speech as a “solution in search of a problem” that risks government micromanagement. The rule takes effect in 60 days.
Education Department Finalizes New Rule on Campus Free Speech
The Department of Education has finalized a controversial rule implementing a Trump executive order that ties federal research and education grants to campus free speech protections. Under the regulation, public…
