Challenges to Academic Freedom and University Governance

Recently, a federal appeals court overturned Florida’s Stop WOKE Act for colleges and universities. In another development, an Ohio state senator proposed a bill granting civics centers extraordinary control over curriculum and faculty in the state. These actions indicate growing threats to academic freedom and university governance. Educational institutions are striving to maintain control over their core functions, including faculty hiring, research, and student admissions.

In 2025, PEN America described a significant crisis in higher education. The Trump administration imposed severe cuts on research funding, targeted diversity programs, and rescinded numerous student visas. New laws in red states also limited discussions on race and gender within classrooms.

As some courts invalidated these laws, the administration pursued indirect strategies to influence academic governance. These included altering accreditation requirements and using financial aid and research funding to exert pressure. The division among universities on how to respond to these challenges has intensified.

Florida justified the Stop WOKE Act’s regulation of faculty speech as state authority over public employees. However, Judge Britt Grant of the Eleventh Circuit dismissed this as an overreach. Grant’s decision aligns with those from five other appellate courts, all rejecting attempts to censor campus discourse. So far, no federal appellate court has opposed this trend.

The support for academic freedom might have prompted the Trump administration and some state governments to resort to indirect methods that are challenging to legally contest. In one year, 20 such measures became law. These new initiatives outpaced the introduction of educational gag orders.

The administration has also increased investigations and legal actions against universities, with Harvard facing several challenges. The American Association of University Professors at Yale expressed concern over potential settlements affecting the institution’s academic freedom. Such agreements with other universities have involved restrictive terms on curriculum and hiring.

The proposed Strengthening Ohio Civics Act is another instance of state encroachment on university independence. The bill allows state-created civics centers significant freedom from traditional governance while requiring them to provide civic literacy courses. Similar centers have been established in other red states.

Meanwhile, federal initiatives further impose compliance with the administration’s ideological agendas. A proposal by the General Services Administration demands that institutions certify adherence to executive orders as a funding condition, while the Office of Management and Budget suggested changes granting political appointees control over grants.

Additionally, new policies by the National Science Foundation restrict collaborations with Chinese scientists, and draft regulations compel accreditors to oversee institutional policies on diversity, speech, and misconduct. Another proposal threatens humanities programs by linking college graduate earnings to student success.

The academic landscape faces unprecedented changes that challenge the historical partnership between government and higher education. This collaboration significantly contributed to American achievements in science and technology following World War II.

Academic freedom protects faculty as they explore new ideas and shields institutions from excessive government intervention. A landmark Supreme Court decision by Justice Felix Frankfurter emphasized the importance of universities controlling their academic affairs. Today, these freedoms are endangered by regulatory changes and administrative maneuvers.

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