August 10, 2026

Challenges to Academic Freedom in U.S. Universities

Last month, a federal appeals court struck down Florida’s Stop WOKE Act as applied to colleges and universities. Meanwhile, an Ohio state senator introduced a bill granting state-created civics centers control over curriculum and faculty appointments. These actions highlight the threats to academic freedom as institutions strive to maintain control over faculty hiring, research, curriculum, and student selection.

PEN America describes 2025 as catastrophic for higher education. The Trump administration halted billions in research funding, pushed universities to eliminate diversity programs, canceled over 8,000 international student visas, threatened tax-exempt statuses, and undermined the Department of Education. Red-state legislatures enacted gag orders restricting classroom discussions on race and gender. Although courts invalidated some of these measures, the administration sought indirect ways to influence teaching and research, such as revising accreditation requirements and intervening in governance.

Colleges face intense pressure and struggle to respond effectively to these challenges. Florida justified the Stop WOKE Act by claiming authority over public university faculty speech. Judge Britt Grant dismissed this, criticizing it as an attempt to ban unpopular ideas in public discourse hubs. This decision, consistent with others, supports academic freedom.

Despite court rulings favoring free expression, the administration and state legislators increased indirect strategies to impose control. Last year, twenty indirect measures became law, alongside various investigations and actions against universities like Harvard. Yale’s American Association of University Professors threatened legal action if the university compromised on academic freedom in administration settlements, highlighting the issue’s gravity.

The Strengthening Ohio Civics Act represents another battle in the fight for university autonomy. It grants state-sponsored civics centers at public universities Power over hiring, salaries, tenure, and curriculum. Similar centers exist in red states, while administration efforts encourage compliance with their ideological goals.

In January, proposals required federal funding recipients to certify adherence to executive orders against racial discrimination. In May, revisions allowed political appointees, not peer reviewers, to control grants. A new National Science Foundation policy limits collaboration with Chinese researchers.

Regulations from the Department of Education require accreditors to enforce policies on ideological diversity, civil rights, and research conduct. Rules mandating colleges to show graduates earn more than high school diploma holders threaten arts and humanities programs. Recently, the White House proposed shifting research funding from universities to individual researchers, altering a crucial post-WWII governmental partnership with higher education.

Academic freedom lets faculty explore ideas independently, protecting universities from excessive government interference. Justice Felix Frankfurter emphasized that academic freedom means universities decide their teaching, curricula, and admissions. Today, threats to these freedoms often hide in settlements, board appointments, and regulatory changes.

David Wippman is the emeritus president of Hamilton College. Glenn C. Altschuler is the Thomas and Dorothy Litwin Emeritus Professor of American Studies at Cornell University.

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