Executive order threatens loss of federal funding for colleges failing to follow free speech policies
On March 21, 2019, President Donald Trump signed an executive order directed at colleges and universities. It is stated in the executive order that it was created as an effort to make colleges “more affordable, more transparent, and more accountable.”
A majority of the order makes points about ensuring that colleges and universities are adhering to financial transparency and freedom of speech, reinforcing fundamental values that are already expected to be upheld by every public university.
Section one of the executive order addresses college affordability and student debt. The student loan numbers for the U.S. are at an all-time high; 44 million students have borrowed more than $1.5 trillion.
Forbes shows the Class of 2017 having a student loan average of more than $28,000 per student. The order states students should be armed with knowledge when it comes to student loans, with the burden of dispensing this knowledge resting on colleges and universities.
Forbes indicates that 11.4 percent of these loans are in a default status of 90 days delinquent or more. The executive order states it is the policy of the Federal Government to “help borrowers avoid defaulting on their federal student loans by educating them about risks, repayment obligations, and repayment options.”
In section two of the executive order, it is stated that its purpose is to protect freedom of speech on college campuses. Part of the order reads that it, “seeks to promote free and open debate on college and university campuses,” and “to encourage institutions to foster environments that promote open, intellectually engaging and diverse debate.”
The executive order mandates that colleges that do not uphold free speech policies risk jeopardizing federal research funds. The constitutional amendment that protects free speech has been in place since 1791 and has long been exercised by American citizens.
In recent years, however, there has been debate about colleges not allowing fairness in diversity when it comes to speakers on public college campuses, specifically conservative speakers, with President Trump stating at a press conference that, “Under the guise of speech codes, safe spaces and trigger warnings, these universities have tried to restrict free thought, impose total conformity and shut down the voices of great young Americans.”
Fox News points out that the recent issue has primarily been with conservative speakers, such as Ben Shapiro and Ann Coulter, who have faced adverse and unwelcoming environments when trying to speak at universities. The LA Times noted that a 2017 speech scheduled at UC Berkeley by right-wing commentator, Milo Yiannopoulos, was canceled because of threats of violence and vandalism after his previous engagement was disrupted by incidents of violence and vandalism by Antifa protestors.
“I agree with the administration that colleges should provide better data on student debt and put some ‘skin in the game’ to reduce student borrowing,” said Senate Education Committee Chairman Lamar Alexander, U.S. Senator (R-Tenn.), in a March 21 press release. “And I agree that colleges should punish hecklers who veto free speech, and stop coddling students to protect them from disagreeable points of view. But I don’t want to see Congress or the President or the department of anything creating speech codes to define what you can say on campus. The U.S. Constitution guarantees free speech. Federal courts define and enforce it. The Department of Justice can weigh in. Conservatives don’t like it when judges try to write laws, and conservatives should not like it when legislators and agencies try to rewrite the Constitution.”
Universities are already required to abide by the First Amendment therefore, it is unclear exactly how institutions will be further policed on these issues. One professor at the University of Houston-Clear Lake (UHCL), Andrea Baldwin, lecturer of communication, uses her writing and speech classes to create an environment in which students may openly discuss difficult, political topics.
“I think the keyword is ‘dialogue,’ or rather that freedom of speech does not mean you are free of consequence,” Baldwin said. “Encouraging free inquiry can be seen as a positive, as we can learn from each other’s experiences through dialogue, but this does not mean that we are free to communicate hate speech or speech that has intent to harm others. If one is truly committed to dialogue, that means that there is a back and forth, and if you are free to communicate, you must be free to receive a response for that communication. If you want others on this campus to hear you, you must be open to others responding to what you say.”
In section three and four of the executive order, it is stated that colleges and institutions should be “transparent about the average earnings and loan repayment rates of former students.” This includes future students and their responsibility to consider the return on investment when choosing a school.
An illustration of the point that section two of the executive order is making would be to compare UHCL tuition to UT Austin. For example, an education major student attending UT Austin will pay over $100,000 in tuition and fees for a four-year degree that will earn an average of $59,170 per year salary. Whereas a student attending UHCL will pay approximately $32,000 for the same degree. Information and statistics like this are available on most public institutions websites.
David Rachita, dean of students at UHCL, said there really is nothing new in this order that we don’t already do. But he does believe attention to these areas will have, and have always had, a positive impact on students. He also points out that demands on higher education to supply data and information are intricate and ever-changing.
“The kinds of information this order is asking higher education to supply is ever changing and in many cases complicated,” Rachita said. “And new needs for different kinds of data are constantly being asked for. That being said, UHCL has for years provided a diverse set of data points and information to assist students as they make decisions regarding their educational careers. New information is always being added as we become aware of best practices across higher education nationally and based on questions students ask.”
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