Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Trump’s Executive Order Targets Civil Rights and Academic Freedom in Higher Education

Opinion

Trump’s Executive Order Targets Civil Rights and Academic Freedom in Higher Education
people standing and taking photo during daytime
Photo by Colin Lloyd on Unsplash

This essay is part of a series by Lawyers Defending American Democracy where we demonstrate the link between the administration’s sweeping executive actions and their roots in the authoritarian blueprint, Project 2025, and show how these actions harm individuals and families throughout the country.

Trump’s Attack on Civil Rights and Academic Freedom in Higher Education


From the very start of his second term, President Trump has been on the attack against colleges and universities over two of the most precious cornerstones of our democracy: civil rights and academic freedom.

On January 21, Trump issued Executive Order 14173, entitled Ending Illegal Discrimination and Restoring Merit-Based Opportunity. The executive order targets but does not define the phrase “diversity, equity, and inclusion” (DEI).

Instead, the executive order uses highly charged and subjective language to demean DEI programs and policies throughout the economy including in higher education, calling them “dangerous, demeaning, and immoral race- and sex-based preferences” and claiming that they can violate federal civil rights laws. The executive order requires any federal aid recipient including colleges and universities and state and local education agencies to certify in any federal contract or grant that it “does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.”

Trump Turns DEI and Civil Rights Laws Upside Down

DEI policies and programs are not quotas or “preferences.” They are strategies to equalize opportunities for groups of people who are unfairly disadvantaged. An example includes conducting broader outreach and recruitment to expand a college applicant pool.

The goal of DEI policies and programs is to ensure fair treatment, not to give one group an unfair advantage over another. DEI enriches colleges and universities by attracting students of different experiences, backgrounds, and perspectives.

The U.S. Constitution and civil rights laws establish equal opportunity and antidiscrimination obligations. Colleges and universities that roll back DEI policies and programs risk violating anti-discrimination laws if unfair barriers persist. The executive order inhibits and even precludes lawful efforts to address discrimination and advance equal opportunity.

The executive order also undermines academic freedom and free speech by discouraging colleges and universities from teaching subjects such as the evils of slavery and the history of racism in America that illustrate the need for DEI policies and programs.

Trump’s Executive Order Stems from Project 2025

The president's executive order on DEI is tied directly to Project 2025,

whose Foreword states: “Bureaucrats at the Department of Education inject racist, anti-American, ahistorical propaganda into America’s classrooms.”

“The next conservative President must make the institutions of American civil society hard targets for woke culture warriors,” the Foreword adds, calling for the deletion of the term DEI from "every federal rule, agency regulation, contract, grant, regulation, and piece of legislation that exists.”

Chapter 11 of Project 2025, which addresses higher education in detail, calls on the next President to issue executive orders requiring an accounting of how federal programs and grants “spread DEI” and a report on “the negative influence of action civics” on students’ understanding of history and civics and their views of the United States.

Project 2025 Undermines Civil Rights Enforcement

Chapter 11 also states that enforcement of civil rights “should be based on a proper understanding of those laws.” Instead, current enforcement is based on what the Trump administration thinks a civil rights violation is, rather than on what the law says it is. The core purpose is no longer equalizing access for those historically subject to discrimination.

How the Executive Order Discriminates Against People of Color

The underlying rationale of the executive order is that racial disparities are due to innate differences in abilities, not discrimination. This long discredited and discriminatory theory is based on the contention that some races have greater abilities than others.

Some Colleges Are Caving, While Others Are Fighting Back

Shortly after Trump’s executive order was issued, Columbia University capitulated by removing DEI language from several of its websites. Then, On July 23, in exchange for the restoration of $400 million in federal funds the Trump administration had cut from the university after accusing it of not addressing antisemitism on campus, Columbia agreed to take steps that, in effect, significantly impaired its academic freedom. The university will pay $220 million to the federal government, place an academic department under receivership, and accept oversight by an independent monitor.

Harvard University fought back by refusing to comply with the executive order. The Trump administration retaliated by freezing about $2.3 billion in federal funding for Harvard research on such deadly and debilitating illnesses as pediatric cancer, Alzheimer's, and Parkinson's disease. Studies on health issues impacting diverse communities, such as cancer risks in underserved areas, were also affected.

Harvard sued to stop the funding freeze. Arguing that the Trump administration’s actions violated the university’s constitutional right to free speech, the university also asserted that the government cannot dictate what private universities can teach, whom they can admit and hire, and which areas of study they can pursue.

The University of Virginia is facing similar pressures. On June 27, Jim Ryan, its highly respected president, responded to criticism from the Trump administration over the school’s DEI practices by announcing his resignation, rather than “fight[ing] the federal government.”

Why This Matters

Academic freedom is a key pillar of democracy for all schools, not just Columbia, Harvard, and the University of Virginia. The Trump administration’s attack on a school’s right to determine what it teaches, the students it admits, and the professors it hires not only narrows the richness of the educational experience, it threatens the dissemination of knowledge. If America’s schools cannot properly provide for intellectual engagement, they will decline, and America’s students will be unable to compete and unable to think critically.

If Trump can tell schools what to teach, he can tell us what we can think. Without the freedom to think and to learn, we will no longer have a free country.

Ellen R. Hornstein is an attorney who recently retired after 35 years of service from the United States Department of Agriculture, Office of the General Counsel. For most of her career she represented the United States Forest Service. Ellen Hornstein is also a volunteer with Lawyers Defending American Democracy.


Read More

 Medical Vial Vaccine on Shelf Table

Peptides like BPC-157, MOTS-c and Semax are surging in popularity despite limited human evidence. Here’s why FDA regulation, research and safety matter.

skaman306/Getty Images

Millions Using Unapproved Peptides as FDA Debates Regulation

Peptides, the short chains of amino acids that help regulate biological functions, have become the latest obsession in health, fitness, and longevity.

Online clinics and wellness influencers promote them as ways to heal injuries, reduce inflammation, improve metabolism, sharpen thinking, and slow aging.

Keep ReadingShow less
An illustration of the U.S. flag on the shape of the U.S. with blue and red figures of people across it.

Every state has its own constitution.

How State Constitutions Became the Battleground for American Rights and Liberties – on Both the Left and Right

Beyond picking governors, state legislators, local officials and representatives to serve in Congress, voters in almost every state this year will have the opportunity to amend the language of their state constitution. In one state, they could potentially rewrite the constitution altogether.

Though the U.S. Constitution is rarely amended, voters frequently amend their state constitutions. In every election cycle, voters are asked to ratify constitutional amendments.

Keep ReadingShow less
The Unscrupulousness of AIPAC

Israeli Prime Minister Benjamin Netanyahu addresses the American Israel Public Affairs Committee's annual policy conference at the Washington Convention Center March 6, 2018 in Washington, DC.

(Photo by Chip Somodevilla/Getty Images)

The Unscrupulousness of AIPAC

After AIPAC failed to defeat El-Sayed in the Michigan Democratic Senate primary—after spending $32 million—it said that it remains committed to defeating El-Sayed and his "radical, anti-Israel" agenda in the general election. Which means it is poised to sink tens of millions of dollars in supporting Republican Mike Rogers. It also said that Haley Stevens, his opponent, had presented "an authentic Democratic agenda." Meaning that El-Sayed did not? And they think that Mike Rogers, a MAGA Trump supporter, does compared with El-Sayed?

How can AIPAC say that El-Sayed does not present an authentic Democratic agenda when his socialist stance is much more in line with the principles stated in the Declaration of Independence than most centrist Democrats'? And making it sound like AIPAC cares about an authentic Democratic agenda is deceitful, when in the same breath they make clear that they will support Mike Rogers, a Trump lackey, in the general election.

Keep ReadingShow less
Scientists Warn of Deepening Federal Attacks on Research
silhouette of person using microscope

Scientists Warn of Deepening Federal Attacks on Research

Scientists and the federal government have been close partners since World War II. A landmark report by President Truman’s chief science advisor laid out a vision for government research that shaped eight decades of federally funded science. That vision is now at risk. In principle, the Trump administration has supported scientific research with its own vision for a new “golden age of science.” But in practice, the administration has upended the relationship between the government, researchers, and their institutions. The changes have alarmed working scientists and their allies, who have protested in record numbers.

In July, I moderated a webinar on “Rewriting the Rules: What’s happening to public science?” (read the transcript here). The webinar was co-sponsored by NAPA, CODE, and the Bridge Alliance, with Dr. Aaron Carroll of AcademyHealth, Dr. Chris Marcum of the Federation of American Scientists, Dr. Gretchen Goldman of the Union of Concerned Scientists, and Dr. Maryam Zaringhalam of the Center for Open Science. I also interviewed Cole Donovan of the Stand Up for Science Foundation by email.

Keep ReadingShow less