Archives for category: Academic Freedom

A good way to start off April Fool’s Day is by listening to this song by a group of young people in Colorado. The lyrics were written by Kevin Welner and are posted at the website of the National Education Policy Center.

The Trump regime says clearly “We believe in local control.” Except when they don’t.

Trump has issued executive orders about what may or may not be taught. Trump’s executive order #14253, signed on March 27, 2025, was titled “Restoring Truth and Sanity to American History.” What it meant in practice was to censor any teaching or displays that showed the shameful aspects of American history, and to focus instead on “patriotic history.”

Trump has launched a campaign to oust diversity, equity, and inclusion, as well as gender studies, African-American studies, and studies of other groups.

Trump has tried to seize control of institutions of higher education institutions by falsely accusing them of anti-Semitism. He has sought to control the admission of students, the curriculum, and the hiring of faculty.

Trump has taken institutions of higher education hostage by withholding or cancelling billions of dollars for research into medicine and science unless they turned control over to the federal government.

But, as the song says, “We believe in local control!”

The Department of Political Science at the University of Gothenburg in Gothenburg, Sweden, publishes an annual report on the state of democracy around the world. In the recently published report, the authors made clear that democracy in the world is in retreat. Nowhere has it declined as dramatically as in the United States.

A special section of the report is focused on the United States. Under Trump, democracy in the USA is under attack. The President has centralized power in his office. The Republican-dominated Congress has ceded almost all of its Constitutional powers to Trump. The word “almost” may be an overstatement, as it’s difficult to remember an issue when Congress said no to a Presidential power grab.

The V-DEM report begins its special section about the “autocratization” of power in the United States:

*Under Trump’s presidency, the level of democracy in the USA has fallen back to the same level as in 1965.

Yet the situation is fundamentally different than during the Civil Rights era. In 2025, the derailment of democracy is marked by executive overreach undermining the rule of law, along with far-reaching suppression and intimidation of media and dissenting voices.

*The speed with which American democracy is currently dismantled is unprecedented in modern history.

*Legislative Constraints – the worst affected aspect of democracy – is losing one-third of its value in 2025 and reaching its lowest point in over 100 years.

*Civil Rights and Equality before the Law are also rapidly declining, falling to late 1960s levels.

*Freedom of Expression is now at its lowest level since the end of WWII.

*Electoral components of democracy remain stable. Election-specific indicators are re-assessed only in electoral years, and the 2025 scores are based on the quality of the 2024 elections.

The scale and speed of autocratization under the Trump administration are unprecedented in modern times. Within one year, the USA’s LDI score has declined by 24%; its world rank dropped from 20th to 51st place out of 179 nations. The level of democracy on the LDI is dwindling to 1965 level – the year that most regard as the start of a real, modern democracy in the USA.

Yet the deficiencies of American democracy today are fundamentally different from that of the Civil Rights era. As the V-Dem data and other evidence below show, the autocratization now is marked by executive overreach, alongside attacks on the press, academia, civilliberties, and dissenting voices.

The Most Dramatic Decline in American History

In 2023, the USA scored 0.79 on the LDI – shortly before the 2024 election year when first deteriorations were registered. The scores plummeted to 0.57 in 2025 (Figure 22). With such a sharp drop on the LDI, the level of democracy at the end of 2025 is back to the 1965 level. Symbolically, that is the year that most analysts consider the USA began its transition to a real democracy.

Democracy in the USA is now at its worst in 60 years. We are not alone in this assessment. Professor Steven Levitsky at Harvard University says the regime in the USA is now some type of authoritarianism. The Century Foundation argues that “American democracy is already collapsing…”

By magnitude of decline on the LDI, the 2025 plunge is the largest one-year drop in American history going back to 1789 – that is, in the entire period covered by V-Dem data. Only Trump 1.0 compares, when the LDI in the USA fell from 0.85 to 0.73 in four years, bringing the country back to its 1976 level and far below the regional average (Figure 22). American democracy survived Trump 1.0 but did not recover fully.

One notable shift is the transformation of the Republican Party to endorsing a far-right, nationalist, and anti-pluralist agenda. Nationalist, anti-liberal, far-right parties and leaders have largely driven the “third waveof autocratization.” Yet the USA stands out as the only case where such movement seized control over one party in a rigid two-party system.

Please open the link and read the report to review the sources and to understand how dramatically democracy has been undercut during the first year of Trump’s second term.

The Founding Fathers thought they had written a Constitution that would prevent the rise of tyranny. They were wrong.

Heather Cox Richardson obtained a pamphlet written during World War II for our troops overseas. Its purpose was to explain the tactics of fascists: how they gain power, how they lie to distort reality, how they use hatred to divide and conquer.

The pamphlet is insightful, incisive, and remarkably relevant to the world we live in now.

What we are learning is that “It can happen here.” We must arm ourselves with knowledge to preserve our democracy.

She writes:

Beginning in 1943, the War Department published a series of pamphlets for U.S. Army personnel in the European theater of World War II. Titled Army Talks, the series was designed “to help [the personnel] become better-informed men and women and therefore better soldiers.”

On March 24, 1945, the topic for the week was “FASCISM!”

“You are away from home, separated from your families, no longer at a civilian job or at school and many of you are risking your very lives,” the pamphlet explained, “because of a thing called fascism.” But, the publication asked, what is fascism? “Fascism is not the easiest thing to identify and analyze,” it said, “nor, once in power, is it easy to destroy. It is important for our future and that of the world that as many of us as possible understand the causes and practices of fascism, in order to combat it.”

Fascism, the U.S. government document explained, “is government by the few and for the few. The objective is seizure and control of the economic, political, social, and cultural life of the state.” “The people run democratic governments, but fascist governments run the people.”

“The basic principles of democracy stand in the way of their desires; hence—democracy must go! Anyone who is not a member of their inner gang has to do what he’s told. They permit no civil liberties, no equality before the law.” “Fascism treats women as mere breeders. ‘Children, kitchen, and the church,’ was the Nazi slogan for women,” the pamphlet said.

Fascists “make their own rules and change them when they choose…. They maintain themselves in power by use of force combined with propaganda based on primitive ideas of ‘blood’ and ‘race,’ by skillful manipulation of fear and hate, and by false promise of security. The propaganda glorifies war and insists it is smart and ‘realistic’ to be pitiless and violent.”

Fascists understood that “the fundamental principle of democracy—faith in the common sense of the common people—was the direct opposite of the fascist principle of rule by the elite few,” it explained, “[s]o they fought democracy…. They played political, religious, social, and economic groups against each other and seized power while these groups struggled.”

Americans should not be fooled into thinking that fascism could not come to America, the pamphlet warned; after all, “[w]e once laughed Hitler off as a harmless little clown with a funny mustache.” And indeed, the U.S. had experienced “sorry instances of mob sadism, lynchings, vigilantism, terror, and suppression of civil liberties. We have had our hooded gangs, Black Legions, Silver Shirts, and racial and religious bigots. All of them, in the name of Americanism, have used undemocratic methods and doctrines which…can be properly identified as ‘fascist.’”

The War Department thought it was important for Americans to understand the tactics fascists would use to take power in the United States. They would try to gain power “under the guise of ‘super-patriotism’ and ‘super-Americanism.’” And they would use three techniques:

First, they would pit religious, racial, and economic groups against one another to break down national unity. Part of that effort to divide and conquer would be a “well-planned ‘hate campaign’ against minority races, religions, and other groups.”

Second, they would deny any need for international cooperation, because that would fly in the face of their insistence that their supporters were better than everyone else. “In place of international cooperation, the fascists seek to substitute a perverted sort of ultra-nationalism which tells their people that they are the only people in the world who count. With this goes hatred and suspicion toward the people of all other nations.”

Third, fascists would insist that “the world has but two choices—either fascism or communism, and they label as ‘communists’ everyone who refuses to support them.”

It is “vitally important” to learn to spot native fascists, the government said, “even though they adopt names and slogans with popular appeal, drape themselves with the American flag, and attempt to carry out their program in the name of the democracy they are trying to destroy.”

The only way to stop the rise of fascism in the United States, the document said, “is by making our democracy work and by actively cooperating to preserve world peace and security.” In the midst of the insecurity of the modern world, the hatred at the root of fascism “fulfills a triple mission.” By dividing people, it weakens democracy. “By getting men to hate rather than to think,” it prevents them “from seeking the real cause and a democratic solution to the problem.” By falsely promising prosperity, it lures people to embrace its security.

“Fascism thrives on indifference and ignorance,” it warned. Freedom requires “being alert and on guard against the infringement not only of our own freedom but the freedom of every American. If we permit discrimination, prejudice, or hate to rob anyone of his democratic rights, our own freedom and all democracy is threatened.”

Notes:

https://onlinebooks.library.upenn.edu/webbin/serial?id=armytalks

War Department, “Army Talk 64: FASCISM!” March 24, 1945, at https://archive.org/details/ArmyTalkOrientationFactSheet64-Fascism/mode/2up

Harvard University’s President Alan Garber said in a recent discussion that faculty activism in their classes chilled students’ free speech and created a repressive climate on campus.

An article in The Harvard Crimson reported on President Garber’s comments.

Harvard President Alan M. Garber ’76 said the University “went wrong” by allowing professors to inject their personal views into the classroom, arguing that faculty activism had chilled free speech and debate on campus.

In rare and unusually candid remarks on a podcast released on Tuesday, Garber appeared to tie many of higher education’s oft-cited ills — namely, a dearth of tolerance and free debate — to a culture that permits, and at times encourages, professors to foreground their identity and perspectives in teaching.

“How many students would actually be willing to go toe-to-toe against a professor who’s expressed a firm view about a controversial issue?” he said.

The remarks mark Garber’s most explicit public acknowledgement that faculty practices have contributed to a breakdown in open discourse on campus — and that he is committed to backtracking toward neutrality in the classroom…

Though Garber has carved some exceptions to the policy — notably when he, in his personal capacity, condemned a Palestine Solidarity Committee post marking the anniversary of the Oct. 7 attack — he has increasingly emphasized restraint, particularly in the classroom.

“I’m pleased to say that I think there is real movement to restore balance in teaching and to bring back the idea that you really need to be objective in the classroom,” he said….

In his responses, Garber echoed the sentiment of a Faculty of Arts and Sciences reportreleased last January, which affirmed professors’ right to “extramural speech” but warned that instructors must proactively encourage disagreement in the classroom to avoid alienating students…

Instead of relying primarily on punishment, Garber touted changes to University orientations — including the addition of a module on discussing controversial topics — alongside the expansive reports produced by Harvard’s twin task forces on combating bias toward Jewish, Israeli, Muslim, Arab, and Palestinian affiliates.

“It’s about learning how to listen and how to speak in an empathetic way,” he said.

It seems that universities have a stronger spine than large law firms or media conglomerates.

Trump offered nine prestigious universities a deal: Adopt the Trumpian rightwing policies and you won’t have any difficulty getting federal funds in the future.

The Massachusetts Institute of Technology was first to say no. In the past few days, three more universities told Linda McMahon, wrestling entrepreneur, that they would not sign the “Compact.”

Brown University, the University of Pennsylvania, and the University of Southern California said no. No way. Our academic freedom and independence from federal control are not for sale.

Good for them!

The U.S. Department of Education invited 9 eminent universities to join a “compact” in which they would adopt Trump priorities in exchange for assurances of future federal funding. Trump priorities include abolishing any efforts to advance diversity, equity, and inclusion; assuring that rightwing views are accorded equal time; and agreeing that students would be admitted solely by merit (i.e. test scores). This “compact” means intrusion of the federal government into the internal decision-making of the university.

The first institution to respond was the Massachusetts Institute of Technology. Its president Dr. Sally Kornbluth, a cell biologist, wrote this letter to Secretary of Education Linda McMahon, a wrestling entrepreneur:

Regarding the Compact

October 10, 2025

Sally Kornbluth, President

Dear members of the MIT community, 

The U.S. Department of Education recently sent MIT and eight other institutions a proposed “Compact for Academic Excellence in Higher Education,” along with a letter asking that MIT review the document.

From the messages I’ve received, I know this is on the minds of many of you and that you care deeply about the Institute’s mission, its values and each other. I do too. 

After considerable thought and consultation with leaders from across MIT, today I sent the following reply to U.S. Education Secretary Linda McMahon. 

Sincerely,
Sally Kornbluth


Dear Madam Secretary,

I write in response to your letter of October 1, inviting MIT to review a “Compact for Academic Excellence in Higher Education.” I acknowledge the vital importance of these matters.

I appreciated the chance to meet with you earlier this year to discuss the priorities we share for American higher education.

As we discussed, the Institute’s mission of service to the nation directs us to advance knowledge, educate students and bring knowledge to bear on the world’s great challenges. We do that in line with a clear set of values, with excellence above all. Some practical examples:

These values and other MIT practices meet or exceed many standards outlined in the document you sent. We freely choose these values because they’re right, and we live by them because they support our mission – work of immense value to the prosperity, competitiveness, health and security of the United States. And of course, MIT abides by the law.

The document also includes principles with which we disagree, including those that would restrict freedom of expression and our independence as an institution. And fundamentally, the premise of the document is inconsistent with our core belief that scientific funding should be based on scientific merit alone.

In our view, America’s leadership in science and innovation depends on independent thinking and open competition for excellence. In that free marketplace of ideas, the people of MIT gladly compete with the very best, without preferences. Therefore, with respect, we cannot support the proposed approach to addressing the issues facing higher education.

As you know, MIT’s record of service to the nation is long and enduring. Eight decades ago, MIT leaders helped invent a scientific partnership between America’s research universities and the U.S. government that has delivered extraordinary benefits for the American people. We continue to believe in the power of this partnership to serve the nation.

Sincerely,
Sally Kornbluth

cc
Ms. May Mailman
Mr. Vincent Haley

The Trump administration used a threat to try to cow leading universities to abandon their independence. The administration called their offer a “Compact,” but in reality it was an offer of protection money. The old way of the Mafia: “Pay us and we will make sure no one breaks your windows or vandalizes your store.”

Vimal Patel of The New York Times reported:

M.I.T. became the first university to reject an agreement that would trade support for the Trump administration’s higher education agenda in exchange for favorable treatment.

The proposal, called the “Compact for Academic Excellence in Higher Education,” was sent to nine universities and would require colleges to cap international student enrollment, freeze tuition for five years, adhere to definitions of gender and prohibit anything that would “belittle” conservative ideas.

In a letter on Friday to the Trump administration, M.I.T.’s president, Sally Kornbluth, wrote that the university has already freely met or exceeded many of the standards outlined in the proposal, but that she disagrees with other requirements it demands, including those that would restrict free expression.

“Fundamentally, the premise of the document is inconsistent with our core belief that scientific funding should be based on scientific merit alone,” Dr. Kornbluth wrote.

A White House spokeswoman, Liz Huston, said in a statement that “any university that refuses this once-in-a-lifetime opportunity to transform higher education isn’t serving its students or their parents — they’re bowing to radical, left-wing bureaucrats.”

“The best science can’t thrive in institutions that have abandoned merit, free inquiry, and the pursuit of truth,” she added. “President Trump encourages universities to join us in restoring academic excellence and common sense policies.”

The White House has said it wants responses from the universities by Oct. 20. The other eight colleges are the University of Arizona, Brown University, Dartmouth College, the University of Pennsylvania, the University of Southern California, the University of Texas, Vanderbilt University and the University of Virginia.

The compacts have been deeply unpopular among faculty members, who view them as yet another political intrusion into the affairs of academia. They argue that the Trump administration is threatening the independence of American higher education by cutting hundreds of millions of dollars in research funding to force top universities to adopt its agenda.

Our reader Christine Langhoff discovered an excellent analysis of the “compact” that the Trump administration has offered to several universities. A “compact” usually refers to an equitable agreement between two parties. The Trump “compact” is a harsh threat: sign or die.

Christine writes:

Here’s UCLA Law professor Joseph Fishkin on the so-called compact the administration want universities to accept.

Any lawyer—really, any careful reader—who makes it through even the first paragraph of the document can see that this is incorrect. The “compact” is quite explicit: Universities that do not sign on to this thing thereby “elect[] to forego federal benefits.” What benefits? Well, that same first paragraph lists quite a few specific “benefits”: “(i) access to student loans, grant programs, and federal contracts; (ii) funding for research directly or indirectly; (iii) approval of student and other visas in connection with university matriculation and instruction; and (iv) preferential treatment under the tax code,” which means 501(c)(3) status. This compact is a “reward” in exactly the same sense that it is “rewarding” to purchase protection from the Mafia. The compact is an open, explicit threat.

It nonetheless does represent a tactical shift on the part of the Trump Administration. The Trump team’s goal has not changed. They want an unprecedented—and flagrantly unconstitutional—degree of government oversight and control over American universities. So far they are having some trouble obtaining it. Their initial strategy, to roll up the sector from the top, starting with Harvard, through bespoke negotiated dealmaking with individual schools, has turned out to be slower going—and I suspect, simply more labor-intensive—than I am guessing they expected. (I use the rollup metaphor to evoke how a monopolist takes over a sector by buying out one firm after another, gaining more leverage over holdouts as they go. So far it has not worked.) Meanwhile, federal district courts have dealt a series of significant blows to the government’s ability to, for example, arbitrarily withdraw federal scientific research grants. So the administration is pivoting to a new tactic, which seems to be to roll up the higher ed sector from what you might call the upper middle. Instead of starting at the very top with the high-stakes confrontation with Harvard and working their way down, the new tactical approach is to start with whichever prestigious schools seem likeliest—for various reasons—to be amenable to the government’s overtures. It is no accident that many of the schools May Mailman’s team first approached about this “compact” have interim presidents, who are inherently weak, sometimes because a prior president was successfully forced out through political agitation by the right.

https://balkin.blogspot.com/2025/10/the-art-of-replacing-law-with-deal.html

https://www.bostonglobe.com/2025/10/04/business/white-house-university-compact-mit/

The new conditions for federal funding the Trump administration offered to MIT put the school in a no-win situation, people on the Cambridge campus and throughout academia said Friday: Agree to the federal government’s terms and surrender some academic freedom, or refuse and risk further punishment.

The White House’s proposed “Compact for Academic Excellence in Higher Education” — sent to MIT and eight other top-tier universitiesthis week — ties access to federal money to a string of conditions that, if agreed to, would effectuate the most substantial changes MIT has seen to date and fundamentally transform an economic powerhouse of Greater Boston. 

The 10-point document asks the list of schools — which also includes Brown and Dartmouth — to cap international student enrollment, freeze domestic tuition rates for five years, and commit to strict definitions of gender. Some of those requests, such as reducing tuition and the number of international students, are popular with many Americans. But others, including one to limit the speech of university employees, strike at the heart of freedom and independence that universities have long prized.

While MIT declined to comment, on campus and in academia, there doesn’t appear to be much inclination to make a deal with the White House.

The offer amounts to “a loyalty oath to the federal government,” said Catherine D’Ignazio, an MIT professor of urban studies and planning. 

MIT and other schools face new set of demands from White House.

“They’re asking us to sacrifice science. They’re asking us to sacrifice international students. They’re asking us to sacrifice our trans students. They’re asking us to sacrifice our whole idea of shared governance,” D’Ignazio said. “No amount of money is worth that great long list.”

The mandate also says that universities should transform or abolish “institutional units that purposefully punish, belittle, and even spark violence against conservative ideas.” That’s troubling, said Tyler Coward lead counsel for government affairs at the Foundation for Individual Rights and Expression, because it conflates allowing speech with condoning violence.

“This mandate basically forces these institutions to remain silent in order to secure some government benefit,” Coward said. “I think that is a problem, a First Amendment problem.”

MIT is free to decline, the administration wrote in the compact, but doing so would mean the institution “elects to forgo federal benefits” that power much of the school’s vast research operations, spurring innovations and paychecks that ripple across Greater Boston and around the globe.

MIT is the birthplace for countless startup companies, forms the backbone of Kendall Square, and serves as a first landing place for many students — roughly 30 percent of whom come from abroad — who stay and build careers in Massachusetts. 

MIT’s endowment is heavily invested in Kendall Square real estate. Here’s why that could be a problem.

Federal money plays a key role in seeding all that. Last year, MIT collected $648 million in government funding for sponsored activities, including research, which federal agenciescould simply choose to award elsewhere.

The provisions in the compact, said Sandy Baum, a higher education finance expert with the think tank The Urban Institute, amount to “dramatic requests” of MIT from a dollars-and-cents perspective. 

MIT is already bracing for a $300 million reduction in its central budget from the newfound 8 percent tax on its endowment and potential losses of federal science funding that powers much of its massive research arm, university administrators said in a September staff forum. (A recording of the meeting was reviewed by the Globe.) 

In the spring, MIT saved roughly $100 million by freezing hiring and instituting a 5 percent cut to department budgets. It plans to close the remaining $200 million gap by terminating some real estate leases and seeking outside private funding for some academic priorities, including climate change, life sciences, and artificial intelligence, according to details shared at the staff forum. Administrators said that they may also withhold merit raises for employees next year. 

“We do need to treat the $300 million amount as a permanent burden on the central budget that requires a permanent budgetary solution,” Glen Shor, MIT’s executive vice president and treasurer said at the September meeting. “Even if power at some point changes hands in Washington, we can’t count on these policies being reversed.”

Meanwhile, signing onto the compact could impact the number of international students at MIT, who make up around 10 percent of its undergraduate population — less than the limit set in the agreement. (Around 40 percent of MIT graduate students are from abroad.) Many international students pay full price to attend MIT, which can cost nearly $90,000 between tuition, housing, and other expenses. MIT would also pledge to cover the cost of attendance for all students studying hard sciences, such as physics, chemistry, and biology. 

“If [MIT] had to freeze tuition and limit [the] number of international students, that would be a huge hit,” said Baum, the university finance expert. 

Multiple MIT student organizations signed a letter Friday asking MIT to “firmly refuse” to sign the document, claiming that “accepting such a compact would effectively destroy the institutional culture of MIT as we know it.”

Nadia Zaragova, a material sciences PhD student and vice president of the graduate student union, said it would give the federal government “undue oversight over what we do here at the university, including our classrooms, what we study, what we research.”

And Governor Maura Healey, who has proposed $400 million in state funding to help make up for lost federal funds to Massachusetts universities, urged MIT to stand strong, describing the White House offer as “yet another attempt by President Trump to silence speech.”

MIT supporters note the university has already taken up some measures pushed by the Trump administration, including winding down its Institute Community and Equity Office and taking disciplinary actions against students — including a commencement speaker — who participate in pro-Palestinian protests. 

Indeed, MIT was chosen among the schools who received the compact because they are seen as “good actors,” according to May Mailman, senior adviser for special projects at the White House.

“They have a president who is a reformer or a board that has really indicated they are committed to a higher-quality education,” she said to The Wall Street Journal. 

But Ian Hutchinson, an MIT emeritus professor and co-president of its Council of Academic Freedom, said that even those in favor of those moves have sour feelings about the new offer from the administration. 

“Many of us on the council think that the modern academy needs to reform and [is] beginning to do so and that the compact has the risk of alienating a large fraction of the faculty,” he said. 

Others fear that some professors could leave entirely, should the school sign onto the compact. 

A better approach, Hutchinson added, would be if “the government makes clear what it is interested in funding in the way of research and what it is not interested in funding.”

The compact also frames preserving “single-sex spaces” such as bathrooms and locker rooms as necessary for “women’s equality” and stipulates institutions must commit to defining gender “according to reproductive function and biological processes.”

Mila Halgren, an MIT postdoctoral associate, said including such language is an affront to what the values of American higher education should be. 

“In a personal capacity, every moment MIT even considers this compact is a betrayal of every marginalized group on campus,” she said. “That MIT did not immediately reject a proposal which defines trans people out of existence is shameful.”

There is no end to the Trump administration’s assault on academic freedom. Particularly poisonous is its withdrawal of billions of dollars for scientific research to punish universities that defy his policies. Trump is determined to obliterate any sign of “diversity, equity, and inclusion” or any tolerance of anti-Semitism.

Speaking for myself, I wholeheartedly support diversity, equity, and inclusion. Speaking as a Jew, I resent Trump’s hypocritical, duplicitous use of anti-Semitism, an issue he has never cared about and that he cynically exploits.

Until now, research grants were awarded based on scientific merit and peer review. In the proposed changes, the universities that adhere to Trump policies and values would have a competitive advantage.

The Trump cabal is prepared to withhold funding from the nation’s top researchers if they are suspected of including nonwhite, non-male researchers in order to increase D or E or I. They assume that “merit” is found only in white males.

They are willing to deny research grants to Harvard and UCLA and give them to No-Name State Agricultural University, just to make a point.

They are willing to sacrifice research into pediatric cancer, heart disease, Alzheimer’s and other afflictions just because they include researchers who are not white men.

What a disgrace this administration is.

Laura Meckler and Susan Svrluga of The Washington Post wrote:

The White House is developing a plan that could change how universities are awarded research grants, giving a competitive advantage to schools that pledge to adhere to the values and policies of the Trump administration on admissions, hiring and other matters.

The new system, described by two White House officials, would represent a shift away from the unprecedented wave of investigations and punishments being delivered to individual schools and toward an effort to bring large swaths of colleges into compliance with Trump priorities all at once.

Universities could be asked to affirm that admissions and hiring decisions are based on merit rather than racial or ethnic background or other factors, that specific factors are taken into account when considering foreign student applications, and that college costs are not out of line with the value students receive.

“Now it’s time to effect change nationwide, not on a one-off basis,” said a senior White House official, who like the other official described the plan on the condition of anonymity because it is still being developed.

Under the current system, the federal government’s vast research funding operation awards billions of dollars’ worth of grants based on peer reviews and scientific merit.

The administration says it is working to enforce civil rights laws, which it contends many universities have violated by embracing diversity, equity and inclusion programs or failing to adequately protect Jewish students or staff from antisemitism. But the effort is almost certain to add to criticism from outside experts who say the administration is already overstepping its authority to try to impose its values on higher education.

Ted Mitchell, president of the American Council on Education, said the outlines of the proposal amounted to an “assault … on institutional autonomy, on ideological diversity, on freedom of expression and academic freedom.”

“Suddenly, to get a grant, you need to not demonstrate merit, but ideological fealty to a particular set of political viewpoints. That’s not merit,” he said. “I can’t imagine a university in America that would be supportive of this…”

Since President Donald Trump returned to office in January, his administration has launched investigations of and pulled research funding from universities including Columbia, Harvard and UCLA, and then worked to extract concessions in exchange for restoring the money. Officials say the punishments are an effort to enforce federal laws that bar funding for schools that discriminate on the basis of sex, race or national origin.

The White House has faced setbacks in court — including a big loss this month in its high-profile fight with Harvard and another setback this week in California — and has not reached as many settlement agreements as Trump officials had hoped for.
The senior White House official described the new system as an opportunity for schools to show they are in compliance, as interpreted by the administration. Those that do so, the official said, would be rewarded with a “competitive advantage” in applying for federal grants…

Erwin Chemerinsky, dean of the University of California at Berkeley’s law school, said “no one will object” if the White House simply requires universities to pledge compliance with existing law.
But Chemerinsky, one of the attorneys representing UC researchers in a lawsuit challenging terminated federal research funding, also said the administration’s view of what the law requires could be at odds with other interpretations: “It all depends on what the conditions are, and whether those conditions are constitutional.”
Chemerinsky said it would be a First Amendment violation to put schools at a disadvantage in competing for funding if they profess a belief in diversity, for example, because government is not allowed to discriminate based on viewpoint. He said it “would be very troubling” if the White House proposal deviates from the standards that have been used in awarding grants based on the quality and importance of the science, peer review and merit, and uses ideology as the judgment standard instead.