Censorship in Higher Education: A PEN America Perspective

Exploring Academic Censorship and Its Impact on Free Speech in Universities

This episode of Changing Higher Ed® podcast features Dr. Jeremy Young of PEN America, discussing the organization's efforts to combat censorship in higher education. PEN America's "Freedom to Learn" program actively opposes state legislative attempts to restrict academic freedom and free speech on college campuses. The interview highlights concerning trends like "educational gag orders," "jawboning," and DEI bans in various states, emphasizing the threat these actions pose to intellectual discourse and institutional autonomy.

Young advocates for universities to prioritize protecting free expression, even amidst political pressure, suggesting strategic approaches for presidents and boards to navigate these challenges. The discussion also covers PEN America's annual report, "America's Censored Classrooms 2024," which tracks these legislative trends.

Podcast Overview

PEN America's Mission and Background

• PEN America is a 100-year-old organization focused on defending the freedoms of writers, including academic freedom and freedom of expression.
• Originally stood for Poets, Essayists, and Novelists but now just "PEN" to be more inclusive of all writers.
• PEN International has over 140 PEN centers worldwide.
• PEN America's activities include awards, literary festivals, global writer protection, advocacy against book bans, free speech advocacy, and higher ed advocacy (Freedom to Learn program).
• PEN America is described as "center-left," maintaining relationships with organizations across the political spectrum.

The Threat to Academic Freedom and Free Speech

• There's a growing movement to constrict the space of ideas available to students on college campuses.
• The argument often made is that universities lean left, and the solution is to limit existing voices, not to add more conservative perspectives.
• This trend manifests in attempts to ban courses, curricula, and harass administrators.
• The "solution to speech is more speech," and increased voices are beneficial.

Book Banning and the Underlying Agenda

• Book banning often involves claims of obscenity but is ultimately an attempt to constrain ideas, not to protect children from inappropriate material.
• Analysis of banned books reveals they disproportionately feature minoritized identities, including LGBTQ, race, and sexual violence.
• Those who want to ban these books view them as encouraging those types of identities.
• PEN believes people need to see themselves reflected in books and that banning them is an attempt to cut off viewpoints for students.

"America's Censored Classrooms 2024" Report

• An annual report tracking legislation that censors colleges and universities.
• Tracks "educational gag orders" that censor topics/ideas and restrictions on university autonomy (DEI offices, curriculum, accreditation standards, tenure, governance).
• Focuses on trends in proposed and passed legislation and predictions for the future.

Jawboning as a Form of Censorship

• Jawboning refers to lawmakers threatening or bullying university presidents into actions they want without passing laws.
• This includes pressuring universities to close DEI offices or eliminate certain programs.
• It is a stealthy approach as there are no democratic elements, no hearings for public comment, and no laws in place to challenge.
• It creates a difficult situation for presidents who have limited leverage and no recourse.
• Congressional hearings on antisemitism have become another form of jawboning intended to intimidate university presidents and make political points.
• The goal often isn't to address the issue at hand but to exploit them for political gain.

Florida as a Case Study in Censorship

• Florida is cited as "Armageddon for higher education."
• The state passed the "Stop Woke Act," which is a direct restriction of faculty speech.
• SB 266 banned DEI and placed significant restrictions on curriculum, causing numerous course eliminations.
• The University of North Florida removed its interfaith center due to thinking it was a DEI program.
• The governor replaced the board of New College of Florida with conservative figures who dramatically altered the curriculum and mission.
• PEN America has opened a permanent office in Florida to respond to these threats.

DEI Bans in Higher Education and Their Impacts

• DEI bans result in the closing of cultural centers, women's centers, and multicultural centers.
• Staff are often reassigned or laid off in states that pass bans.
• Iowa has passed the most draconian ban, including a ban on developing any programming "with reference to race."
• It restricts universities from opining on 16 topics related to race, gender, and identity or any related topics.
• Universities can't even discuss bias, including the term.

Extremist Attacks on Accreditors

• Project 2025 has a plan to weaponize accreditation, forcing accreditors to remove any reference to DEI.
• The government is threatening to censor ideas by forcing this change in standards.
• WASC considered preemptively removing DEI language but backed off after pushback.
• PEN America is not concerned with DEI standards themselves but with government censorship of those standards.

The Impact of Censorship Laws

• It takes years to reverse censorship laws, even if they are ultimately deemed unconstitutional.
• Once laws are put into place, universities have to comply until they are challenged.
• This can lead to the loss of programs, funding, and staff for years.
• The "Stop Woke Act" was ruled on in four and a half months, which was exceptionally fast.

Institutional Neutrality and University Leadership

• Presidents are scared, and there are laws banning them from commenting on anything.
• Institutional neutrality is a good principle, but the judgment of what concerns the university's mission must be made internally.
• The government is inserting its judgment over the judgment of the people who are running the institution.
• Academic freedom is not possible if the leaders are under the direct ideological thumb of the government.

University Presidents' Responses and Strategies: Managing Laws and Defending Ideological Independence

• Many presidents are doing the wrong thing, unilaterally disarming by preemptively closing DEI programs.
• It is a strategy that is ineffective when they are dealing with a national campaign, not local lawmakers.
• Presidents should be prudent about public statements but strategically defend the university's ideological independence.
• They should embrace cooperation with lawmakers on non-ideological issues (budgets, safety, etc.), but not on controlling ideas.
• Presidents need to use their limited leverage to protect the independence of the university.

Faculty's Role in Protecting Free Speech

• Universities sometimes fail to share their strategies with faculty and restrict the faculty from expressing viewpoints that could help the institution.
• Faculty can be more outspoken than institutions, and using the "I'm not speaking for the university" disclaimer can be helpful.
• Universities should not comment on current events unless they directly affect the institution.
• Universities should not silence alternative viewpoints.
• Leaders should avoid inserting themselves in debates where there is no role for them.

Free Expression and Institutional Mission

• Universities must welcome all viewpoints to allow for robust debate.
• This allows the university to state whether a view aligns with the values of the institution.
• They must defend the right for all to speak, but they must be able to freely express their own views on the matter.
• There is no constitutional exception for hate speech, only incitement to violence.

Champions of Higher Education

• PEN America has created the Champions of Higher Education, which is a group of over 300 former college presidents who speak out against these laws and attacks.
• It is important to protect all kinds of speech on campus, as well as to maintain a safe campus environment.

Four Takeaways for University Presidents and Boards

1. "Don't do the censors work for them."
2. "Don't comply in advance."
3. "Promote the values of free expression, no matter what is happening in the country."
4. Train all members of the university community in how free expression works.

Final Thoughts

Dr. Young's insights highlight the serious and growing threats to academic freedom in the U.S. The interview reveals the complex strategies used by those attempting to censor higher education, the challenges faced by university leaders, and the importance of actively defending free expression. PEN America's work is presented as a crucial effort to protect the fundamental principles of higher education as a place for diverse viewpoints and robust debate.

Read the transcript on our website: https://changinghighered.com/censorship-in-higher-education-a-pen-america-perspective/

#HigherEducation #Censorship #Project2025

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About Our Guest

Jeremy C. Young is the Freedom to Learn Program Director at PEN America, where he leads efforts to fight government censorship in higher education institutions. He directs PEN America’s work on educational gag orders, the Champions of Higher Education initiative, and an expanding network of coalitions to mobilize support for professors and teachers. A former history professor, Young holds a Ph.D. in U.S. history from Indiana University and is the author of The Age of Charisma: Leaders, Followers, and Emotions in American Society, 1870-1940 (Cambridge University Press, 2017).

 

About the Host

Dr. Drumm McNaughton is the founder, CEO, and Principal Consultant at The Change Leader, Inc. A highly sought-after higher education consultant with 20+ years of experience, Dr. McNaughton works with leadership, management, and boards of both U.S. and international institutions. His expertise spans key areas, including accreditation, governance, strategic planning, presidential onboarding, mergers, acquisitions, and strategic alliances. Dr. McNaughton’s approach combines a holistic methodology with a deep understanding of the contemporary and evolving challenges facing higher education institutions worldwide to ensure his clients succeed in their mission.