Governor DeSantis has pushed through laws that ban the teaching of “critical race theory” and gender studies. The effect of this law and his denunciation of anyone who dares to say that racism is real has been to silence academic freedom. This article in ProPublica (Read the story) shows how professors are dropping the courses they usually teach or changing their names. Untenured teachers— the majority of professors in higher education in Florida and elsewhere worry about being fired if they offend DeSantis’ thought police.
Ironically, the story includes a photograph of a truck owned by a rightwing group, festooned with the words “Freedom of Speech.” To be clear, DeSantis and his rightwing goons are silencing academic freedom and freedom of speech. They are the Thought Police, practicing “cancel culture.”
The article begins:
Jonathan Cox faced an agonizing decision. He was scheduled to teach two classes this past fall at the University of Central Florida that would explore colorblind racism, the concept that ostensibly race-neutral practices can have a discriminatory impact. The first, “Race and Social Media,” featured a unit on “racial ideology and color-blindness.” The second, “Race and Ethnicity,” included a reading on “the myth of a color-blind society.” An assistant sociology professor, Cox had taught both courses before; they typically drew 35 to 40 undergraduates apiece.
As recently as August 2021, Cox had doubted that the controversy over critical race theory — which posits, among other things, that racism is ingrained in America’s laws and power structure — would hamstring his teaching. Asked on a podcast what instructors would do if, as anticipated, Florida restricted the teaching of CRT in higher education, he said that they would need to avoid certain buzzwords. “What many of us are looking at doing is just maybe shifting some of the language that we’re using.”
But a clash with state law seemed inevitable, once Florida’s governor, Ron DeSantis, proposed what he called the strongest legislation in the nation against “the state-sanctioned racism that is critical race theory.” Last April, DeSantis signed the Individual Freedom Act, also known as the “Stop Woke Act,” into law. It bans teaching that one race or gender is morally superior to another and prohibits teachers from making students feel guilty for past discrimination by members of their race. And it specifically bars portraying racial colorblindness — which the law labels a virtue — as racist. A DeSantis spokesperson, Jeremy Redfern, told me in an email that the law “protectsthe open exchange of ideas” (italics in the original) by prohibiting teachers from “forcing discriminatory concepts on students.”
Whatever one thinks of critical race theory, the state’s interference limits the freedom of professors who are experts in their fields to decide what to teach their students. Cox worried, not without reason, that the law effectively banned him from discussing his ideas in class, and that teaching the courses could cost him his livelihood. Cox, who is the only Black professor in the sociology department, will not be considered for tenure until this fall. His salary was his family’s only income while his wife stayed home with their baby.
A month before the fall 2022 semester was set to start, he scrapped both courses. Students scrambled to register for other classes. “It didn’t seem like it was worth the risk,” said Cox, who taught a graduate course on inequality and education instead. “I’m completely unprotected.” He added, “Somebody who’s not even in the class could come after me. Somebody sees the course catalog, complains to a legislator — next thing I know, I’m out of a job.”
Cox’s decision, along with another professor’s cancellation of a graduate course because of similar apprehension, created an unusual gap in the sociology curriculum at UCF, which, with almost 69,000 students, is Florida’s largest university.
Cox’s department chair, Elizabeth Mustaine, said she went along with the professors’ wishes because “I thought: ‘I’m not going to stress anyone out about this. It’s crazy.’” Still, she added, “it’s an absolute tragedy that classes like this get canceled.” Of the 39 courses offered this past fall by a department that specializes in the study of human society, none focused primarily on race.
In just over two years, critical race theory has gone from a largely obscure academic subject to a favorite bogeyman for Republican candidates. Activists such as Christopher Rufo, a senior fellow at the conservative Manhattan Institute, conceived of targeting CRT to foment a backlash against measures enacted following George Floyd’s murder in May 2020. At that time, Rufo told me in an email, “school districts across the country suddenly started adopting ‘equity statements,’ hiring ‘diversity and inclusion’ bureaucrats, and injecting heavily partisan political content into the curriculum.” Black Lives Matter and the left were riding high, said Rufo, who denies that structural racism exists in America. In our email exchange, Rufo described “the fight against critical race theory” as “the most successful counterattack against BLM as a political movement. We shifted the terrain and fought on a vector the Left could not successfully mobilize against.”
The anti-CRT campaign quickly expanded from sloganeering to writing laws. Seven states, including Florida, have passed legislation aimed at restricting public colleges’ teaching or training related to critical race theory. Those laws face impediments. On Nov. 17, 2022, a federal judge temporarily blocked enforcement of the higher-education provisions of Florida’s Individual Freedom Act. “The First Amendment does not permit the State of Florida to muzzle its university professors, impose its own orthodoxy of viewpoints, and cast us all into the dark,” Judge Mark Walker wrote. The DeSantis administration filed a notice of appeal on Nov. 29 and is seeking to stay the injunction pending that appeal. The 11th Circuit, where most of the judges are Republican appointees, will hear the appeal, with briefs to be filed in the next few months and oral arguments potentially this coming summer.
Additionally, with DeSantis’ landslide reelection — after a campaign in which he repeatedly denounced “woke” education — and Republicans gaining a supermajority in both chambers of the state’s Legislature, they are likely to look for new ways to crack down on CRT and what they perceive as higher education’s leftist tilt. And at the federal level, conservatives are drafting a “potential suite of executive orders in 2024,” in case the next presidential election goes their way, to “disrupt the national network of left-wing ideological production and distribution,” according to Rufo.
It’s easy to dismiss the conservative crusade against critical race theory as political theater without real consequences. But most colleges and universities offer social science and humanities courses that address racial inequality and systemic racism, and the anti-CRT laws are already having repercussions for people who teach or take these classes in red states. Moreover, the push against CRT is hitting academia after decades of declines in the proportion of professors protected by tenure, meaning that most faculty members are not in positions secure enough to resist political pressure. Now, forced to consider whether they face any legal or career risk, some are canceling courses or watering down content, keeping quiet rather than sharing their expertise with students.
“When you implement a law like this, you’re asking professors to leave out things that clearly happen or have happened in the past,” Grace Castelin, a UCF undergraduate who plans to introduce a resolution in the student senate condemning the law, told me. “It’s making us more ignorant in this generation and generations to come.”
Fearful that legislators will retaliate by cutting their budgets, few top university administrators have publicly criticized the laws, which put institutions as well as individual teachers at risk. Indeed, UCF Provost Michael Johnson told faculty last July that the university would “have to take disciplinary action” against any faculty member who repeatedly violated the Individual Freedom Act because it couldn’t afford to lose a “catastrophic amount” — $32 million — in state funding linked to graduation rates and other metrics. (Johnson declined an interview request.)
Other states have left professors similarly undefended. In Tennessee, which passed a law much like Florida’s, the provost of the state university’s flagship Knoxville campus made clear to professors that the administration wouldn’t necessarily help them. If they were sued under the law, Provost John Zomchick told faculty, Tennessee’s Republican attorney general would decide whether the university would represent them in court. “People freaked out,” said Anne Langendorfer, a senior lecturer at UT Knoxville and the president of a union for campus workers at the state’s public universities.
A university spokesperson, Kerry Gardner, said that the attorney general makes the final decision in “any situation” where individuals are sued in their capacity as university employees. Administrators “wanted to be fully transparent about how the process works,” while assuring faculty that “we will take every step to defend them,” Gardner said. Zomchick, she added, “does not agree with the view of some faculty” that the law “infringes on the First Amendment or academic freedoms.”
With uncertain support from above, most full and associate professors at least enjoy the protection of tenure, which shields scholars whose insights or research are politically unpopular. Tenured professors can’t be fired without cause and a hearing by their peers. Other faculty typically work on contracts, which the university can decide not to renew without specifying a reason.
Some tenured professors in Florida have resisted anti-CRT pressure. The historian Robert Cassanello, the president of the UCF chapter of United Faculty of Florida, was comfortable becoming a plaintiff in one of the lawsuits contending that the Individual Freedom Act violates free speech. Cassanello, who keeps a life-size cutout of Karl Marx in his office window, told me that he’s less threatened by the law than his untenured colleagues are.

By contrast, Juan Salinas, an assistant sociology professor at the University of North Florida in Jacksonville, declined to be a plaintiff. “For me to stick my name out, I didn’t feel comfortable,” Salinas said. “If I had tenure, I would be more active.”
But even having tenure didn’t feel like “adequate protection” to Scott Carter, the other UCF sociologist who scrapped a course on race in the fall semester. “It’s very sad for students,” Carter told me. “They won’t get the experience of hearing from scholars on contemporary race relations.”
Related?
Ohio’s largest Christian public policy org. is Center for Christian Virtue. They’ve bought a $1.25 mil. bldg overlooking the state capitol with plans to add $3.75 mil. to the project. We Are Ohio describes the group as anti-teacher, anti-worker and anti-freedom. Two days ago, CCV posted, “CCV’s first school in a church.”
9-27-2022, “Speakers Announced for First Ever Ohio State March for Life…Aaron Baer, President of CCV…Bishop David Bonnar from the Roman Catholic Diocese of Youngstown…”
Only conclusion after reading this? Fascists are winning. Especially when it comes to fundamental rule of political action: identify your audience and motivate them to act. It’s easier to motivate mobs with lies than it is explain some truths.
Democrats should be less concerned with optics. They should push ahead, prosecute if there is enough evidence, and fight for democracy. It would be helpful if Merrick Garland would take a stand.
As employees of the state, it is not clear that faculty have the right to free speech while teaching. See this article from the Chronicle of Higher Education: https://www.chronicle.com/article/its-not-clear-whether-public-college-professors-have-first-amendment-rights-when-theyre-teaching?cid2=gen_login_refresh&cid=gen_sign_in
As the article states, there are clearly limits to what a faculty member can say in the classroom. An economics professor assigned to teach intermediate macroeconomics can not give multiple classes on the merits of creationism and defend herself on free speech grounds. It will be interesting to see how the courts rule on this.
May a professor of U.S. history teach about the history of slavery? Does he or she have academic freedom to teach the material in his class? Or May the state require that the teaching of slavery is forbidden?
I think it will be an interesting exercise to find a way to say that the state can not exercise some control over what state employees say in the classroom about controversial issues but can exercise control over state employees saying “hateful things” in the classroom.
Do you think Shawnee State University was correct in disciplining Professor Meriwether for refusing to use a student’s preferred pronouns in class? The courts found that the university could not compel him to use the student’s preferred pronouns: https://www.nbcnews.com/nbc-out/out-news/professor-wouldnt-use-trans-students-pronouns-wins-400k-settlement-rcna24989
I think these are interesting and difficult issues. It would be good to have a discussion about
I agree that there should be a discussion about the limits of free speech in the classrooom. There should also be a discussion on the limits of state interference in the classroom. I find it intolerable that states are banning the use of The 1619 Project. I find it intolerable that states are banning “divisive concepts” in the schools. That’s insane.
The state has the power to restrict speech of its employees, when they’re on the job, as it sees fit, within the limits of its constitution. That it can, however, does not mean that it should. The state has the authority to require that all of its employees wear brown shirts, brownshirts. Not a good idea. What red states are doing is not protecting freedom of speech; they’re protecting something they imagined out of thin air: freedom of listening. They can. They should not.
I appreciate that tenured professors are suing. That’s important. They also need unions.
LCT,
I agree that neither states or individuals should do all the things that they can do.
Would you appreciate tenured faculty suing to have the right to assign students to read the Protocols of the Elders of Zion?
If not, how would you draw the line between things that you appreciate and things that you do not?
Diana, it is already worsening in Florida:
“Gov. Ron DeSantis appointed a group of hard-line conservative loyalists Friday into leadership positions at the New College of Florida, a move that comes as the Republican governor plots a remake of the state’s higher education system.
Several of the appointees are vocal opponents of gender- and race-related education issues that have fueled the right’s culture wars in schools. They were picked as DeSantis, who is eyeing a potential 2024 White House run, vows to fight “philosophical lunacy” in the schools.
The new appointees will now help oversee the Sarasota college, which has a reputation for being one of the most progressive higher-education institutions in the state.
Of the six appointed by DeSantis, the marquee names are Christopher Rufo, a conservative activist who helped turn critical race theory into a conservative rallying cry, and Matthew Spalding, a government professor at Hillsdale College, a conservative Christian college in Michigan.”
Frightening times indeed.
https://nordot.app/984222433589772288?c=592622757532812385
Shocking, Eleanor. The “New College of Florida” will be a mini-Hillsdale.
Diane, I apologize for incorrectly typing your name.
I blame it on hasty typing in a darkened room, with a mix of anxiety and disbelief with how far DeSantis is willing to take his state. He clearly represents a threat to our freedoms.
On the plus side for Florida, annual tuition and fees at the University of Florida are the lowest of any state flagship university in the nation at $6,380. This contrasts with SUNY Buffalo at $10,780, Rutgers at $16,260 and UConn with the highest at $19,430.
Source: https://www.statista.com/statistics/644872/undergraduate-tuition-us-flagship-universities/
Fascists!! Nazis!! Plain and simple. Led in Florida by DeSantis. Plain and Simple. Next will come the passage of bills banning the media from being “woke”. Followed by the burning of books such as “To Kill A Mockingbird” and thousands of others that may or may not include racism, gender, etc. between the covers the book. DeSantis will then offer rewards to individuals who turns in others, including family members, who read any such books other banned literature.
Consider what it will be like if DeSantis become President of the United States of America. You can kiss freedom of speech and thought goodbye.
DeSantis was warned by the highest court in Florida to stop telling professors what they must not teach. Nonetheless, the Great Censor has opened an investigation of higher education in Florida demanding to know how much each college spends teaching about racism, diversity, and inclusion, all of which he considers intolerable.
If he is elected president, we will fight for four years to defend freedom of speech and thought and association.
The “Great Censor” will do all he can to silence the courts at all levels. It is surprising that he has not tried to do so at this point but given in time he will try — whether it be at the state or national level, he will try. That is what people like DeSantis and Trump do.
DeSantis is worse than Trump because he doesn’t have Trump’s baggage—his wives, his family of grifters, his business failures, his illiteracy. But Trump has charisma—like other would-be dictators. Can’t wait to see them go head-to-head.
I think, considering all that is going on currently in the US House of Representatives, that we can put McCarthy in the same boat with Trump and DeSantis. Everything is about them and not what good for the people of this country. McCarthy, like Trump and DeSantis, will not, cannot accept losing or failure. The will and needs of the people they are sworn to serve is not important to them. Only they and their cult members count.
DeSantis and the Florida legislature produce these vague, subjective laws so that almost anything can be declared “Woke or CRT.” Ready to retire professors should challenge these laws to force the courts to actually further define and set some boundaries on these anti-democratic laws.
My son is a freshman at a state university. This summer, before students registered for classes, a questionnaire/survey was sent out and it had to be completed before students were allowed to register for fall classes. It was a list of classes (mostly “social sciences”) and students were asked if they would or would not sign up for certain classes. Why should any university hire an adjunct and post a class only to have a few students sitting in the seats. Maybe the universities are changing with the changing times as more students don’t wish to pursue a “path of enlightenment”?
What a waste of time to go to college with a closed mind. If your son objects to learning anything new, anything that changes his mind, he’s wasting his time and your money.
He’s not objecting to anything. He will take the required courses needed to get a degree. I’m simply saying that maybe it’s a good thing that colleges are conscious of the classes that students wish to attend (or must attend as a minimum requirement) and that they don’t hire on and then let go of adjunct professors due to low enrollment. Maybe there is simply a glut of professors to teach social “science” classes…..simple supply and demand in academia?
Maybe in years past, these social “science” classes have been well attended, but It doesn’t seem to be what students want to learn about now? The neighbor girl up the street graduated with a degree in Women and gender studies from a very progressive private college in PA. She has no job, no career, no income and no prospects for a career in her major. She rarely leaves her parents house and her parents question whether spending all that $$$$ on this type of education was a worthwhile investment in her future.
Yes, the latest thing in higher education is to get an undergraduate degree in business. That might or might not help in getting a job after college. I have an undergraduate degree in liberal arts. So do my sons. So will my grandsons (two finished college, two not yet old enough to go to college).
Courses in history and literature are valuable for the rest of your life.
Public education K-12 has been pushing the “College and Career Ready” mantra since my son was in K. Never in my life would I have thought that teachers would repeat that mantra to children in elementary school! College was pushed as the “gateway” to a career and now the colleges have to “deliver” via a vocational type “training” and the old timers don’t like it. I didn’t make the rules, and in fact, I rallied against that type of thinking….. but, here we are. The social “sciences” and humanities do not place young adults into life sustaining careers in a capitalistic society. Gone are the days of taking Philosophy classes for the sake of thinking differently. Colleges are changing with the times.
Careers come and go. Being able to think, having a wealth of knowledge, knowing how to learn…never goes away.
Employers and society need graduates with well rounded educations. If a student want to choose the path of his or her higher educational career, great! That’s what majors are for. When he or she is taking general ed classes before getting into a major, however, multiple perspectives in multiple subjects are imperative.
LisaM,
I am surprised that the university needs to do this. Student taste change rather gradually and departments and deans are very aware of low enrollment courses.
In any case students can not always take the courses they wish to take because of enrollment caps. Sometimes those caps are the hard cap of fire regulations, sometimes departments use those caps to force students into taking relatively unpopular courses and/or courses at unpopular times.
I can’t help but think that the Students and Faculty at Berkley had a lot more on the line, than in Florida today. Of course there were a lot more tenured Professors and Tuition at Berkley was free in 1964. But there was a Loyalty Oath as well.
It is not by accident that college tuition costs have gone through the roof, even at most Public Universities. Making Parents and Students see the purpose or goal of college education to be more like vocational training (don’t need no stinking History or Social Sciences for that). And at the same time the faculty has become more and more starving adjuncts. While there are fewer and fewer faculty in the Social Sciences and Humanities .
Before there was a Santos there was a Gov. Reagan and a Louis Powell .
Santos DeSantis just as despicable.
oops DeSantis
Cost of public higher education has gone up because states have reduced financial support and passed the costs to students and families.
dianeravitch
I certainly agree. In many of those states these were politically motivated decisions rather than economic decisions. Even where it is an Economic decision it is always a political decision, of who gets what and how is it paid for.
Joel,
It is important to look at net tuition rather than published tuition rates. Universities are first degree price discriminators: by using different packages of financial aid each student is charged a different tuition rate. Net tuition has not changed nearly as much as the sticker price. My university, for example, has a 25% discount rate for tuition. The average student pays only 75% of the states out of state or in state tuition rate.
Dr. Ravitch is correct that some of the increased cost of higher education comes from reduced state funding in some states. Some of the costs have also come from students requiring or wanting higher levels of service. For example, when l was an undergraduate and early in my career as a faculty member the faculty did all of the academic advising. This tended to result in somewhat poor advice as faculty had little incentive to keep up with changing requirements across the university. We now have a large staff of professional advisers, all of whom wish to be paid. The faculty also did not take a pay cut when they gave up the advising role.
Teachingeconomist
Some of us were fortunate enough to go to the free City University of NYC .Free from 1865 -1976 . Of course even a free University is not free as those students even as commuters are differing income for 4 years.
In NY today with Tuition 3300 dollars lower than the National average at $7,070 vs $10,400 nationally , direct and indirect costs are estimated to be $28,000 yearly by SUNY. Cuomo’s much touted free tuition plan was merely a rebranding of the states Pell Grant Program for low income students. The income cap was too low for most middle income households. Especially those living in Downstate NY, with high cost of living. Who Republicans screwed with a SALT cap.
But a National Average is just that an average. How many states are paying far above $10,400 and how high are incomes in those states. I am going to wildly speculate that there is an inverse relationship between income levels and State tuition Costs . (just a wild guess) .
As for the cost of additional staff I am sure that going from 70% full tenured professors to 70 +% starving adjuncts or non tenured more than covers the costs.
“The 2022 report shows that 53.5 percent of higher education institutions have replaced tenure-eligible positions with contingent faculty appointments, compared with only 17.2 percent of colleges in 2004. In 2019, just 10.5 percent of faculty positions in the U.S. were tenure-track and 26.5 percent were tenured, according to the AAUP. Nearly 45 percent were contingent part-time, or adjunct, roles. One in five were full-time, non-tenure-track positions. ” AAUP
So within a few years with only 10.5 currently tenure track 90% will not have tenure. As an economist how do you suppose that affects incomes . Perhaps those professors gave up their advisory roles with out taking a pay cut but they allowed the door to close after them.
The affect on free speech and academic freedom probably grater than the economic affect.
deferring (love the edit button)
Joel,
It seems to me you wish for two things that can not be achieved at the same time given the resources available: hire more very expensive tenure stream faculty and lower the cost of attending university.
Back when you attended CUNY the standard teaching load for tenured faculty was six courses an academic year. No tenure track faculty member at any research intensive public university teaches more than four courses a year now. Tenured full professors in STEM fields will teach one or possibly two courses a year.
If you want to lower the cost of higher education you want more adjunct instructors like me. This year I will teach a little over 700 students. A tenured full professor in my department will teach maybe 70 students in a year and be paid 3 times my salary. Most of the students my tenured colleagues teach are doctoral students who pay no tuition to the university.
Here is an article from The Chronicle of Higher Education Education about the declining teaching load for tenure track faculty: https://www.chronicle.com/article/the-great-disappearing-teaching-load/?cid2=gen_login_refresh&cid=gen_sign_in
You can get full access with a free account.
When anyone on the extreme right says they are defending “Freedom of Speech”, the 1st Amendment of the US Constitution, one word is missing.
The word CONTROL.
“Control Freedom of Speech” translated means, we are going to control your freedom of speech, and our next step will be to use Musk’s Neuralink brain chip, to monitor what you are thinking and control that, too.
I want to add that China’s Constitution does just that. In one clause, it says the people have freedom of speech in China, and then later in another section it says no one is allowed to criticize the government, making that a crime. So, as long as you do not publicly speak out against the government, you are free to talk about almost anything else.
Reblogged this on What's Gneiss for Education.
Adding insult to injury, Christopher Rufo was appointed to the board of New College of Florida…
It just keeps getting worse.