As we commemorate Constitution Day today, we reflect on the historical significance of the Constitution’s signing on September 17, 1787. This day serves as a reminder of the foundational principles of democracy and the rights that protect our freedoms. However, in a stark contrast to this celebration, we are witnessing unprecedented challenges to the constitutional rights that safeguard academic freedom in the United States. In a mere span of nine months, the current administration has undertaken more actions undermining free expression in higher education than all previous administrations combined.
In light of a federal law enacted in 2005, which mandates educational activities on this day for institutions receiving federal funding, it is an opportune moment to reflect on the ongoing threats to academic freedom. To address these pressing issues, I have collaborated with various organizations to host a webinar on September 17, 2025, at 4 p.m. Eastern Time, titled “Higher Education in Crisis: Academic Freedom and the Constitution.” This event aims to shed light on the current state of academic freedom and the constitutional implications surrounding it.
The webinar will feature prominent speakers, including legal experts and scholars who will discuss the implications of recent policies on academic freedom. Their insights will provide a comprehensive understanding of the challenges faced by educational institutions and the importance of safeguarding free expression in academia.
The extent of the current administration’s actions against academic freedom is alarming, with numerous unconstitutional measures being implemented. A database tracking lawsuits against the administration highlights the ongoing legal battles faced by institutions. While some cases have seen success, there remains a significant concern regarding the interpretation of constitutional rights by the current judiciary. It is crucial to raise our voices on Constitution Day to emphasize the importance of protecting academic freedom.
Many of the recent actions taken against educational institutions have infringed upon fundamental rights, including the First Amendment’s guarantee of free speech and the Fifth Amendment’s protection against arbitrary government actions. These violations undermine the very essence of academic inquiry and expression.
Executive orders have emerged as a primary tool for suppressing free expression on campuses. For instance, recent directives have sought to dismantle diversity, equity, and inclusion programs, labeling them as discriminatory. Such measures not only threaten the fabric of academic discourse but also set a dangerous precedent for future governance.
Financial leverage has also been employed as a means to stifle dissenting voices within academia. The administration’s tactics of withholding federal funds from institutions perceived as harboring critical viewpoints raise serious constitutional concerns. This approach not only violates due process but also undermines the autonomy of educational institutions.
Moreover, the administration’s actions extend beyond domestic policies, impacting international scholars and their ability to contribute to academic discourse. The targeting of foreign scholars based on their viewpoints reflects a troubling trend towards authoritarianism, reminiscent of regimes that suppress dissent.
In addition to federal actions, state-level legislation has increasingly sought to restrict academic freedom. Recent analyses reveal a surge in laws aimed at curtailing free expression on campuses, with many states enacting measures that mirror federal initiatives. This coordinated effort to suppress dissenting voices poses a significant threat to the integrity of higher education.
The current wave of legislative actions targeting academic freedom is unprecedented in American history. The combination of executive orders and state laws represents a concerted effort to impose censorship and limit the scope of academic inquiry.
These assaults on academic freedom not only violate constitutional rights but also undermine the principles of democracy that the Constitution embodies. The Supreme Court has long recognized the importance of academic freedom as a vital component of free speech, emphasizing that laws should not stifle diverse perspectives within educational settings.