Who Controls Your Classroom? The Fight for Academic Freedom in an Age of Censorship – Cloaking Inequity

A faculty member recently shared a troubling story that highlights the growing assault on academic freedom in higher education. She recounted how a dean at a Southeastern Conference (SEC) College of Education called her into his office and told her she was “teaching too much diversity” in her teacher education course. This chilling directive—an overt attempt to police curriculum and silence discussions on equity—exemplifies the increasing pressure educators face at both the K-12 and higher education levels.

The Broader Attack on Academic Freedom

Across the nation, academic freedom is under siege. In K-12 schools, state legislatures have passed laws restricting discussions on race, gender, and systemic inequality. As a result, educational leaders, responding to political pressure, have sought to limit educator autonomy in the classroom. These efforts reflect a broader agenda aimed at reshaping the educational landscape to align with ideological goals rather than academic integrity.

Some of the most concerning trends include:

• Legislative Bans on Curriculum Content: ​As of early 2025, several U.S. states have enacted laws that restrict K-12 educators from discussing topics such as critical race theory, systemic racism, or gender identity, effectively limiting comprehensive conversations about history and social structures. These states include Idaho, Oklahoma, Tennessee, Texas, Iowa, New Hampshire, Arizona, and South Carolina.Additionally, states like Florida have implemented policies that prohibit teaching certain concepts related to race and gender.  These legislative actions are part of a broader national debate concerning the scope of academic freedom and the content permissible in educational curricula.
• Educational Leaders Policing Faculty Speech: Cases like the SEC dean’s admonition are not isolated incidents; they are part of a growing pattern in which educational leaders pressure educators to avoid topics deemed “controversial.”
• Defunding and Policy Shifts: Conservative lawmakers have targeted Diversity, Equity, and Inclusion (DEI) initiatives and related academic programs, restricting resources and limiting educators’s ability to conduct research and teach about diversity-related topics.

The Legal Protections for Academic Freedom

Despite these growing attacks, legal precedent supports academic freedom in both K-12 and higher education. The U.S. Supreme Court has upheld educators’ rights to free expression and autonomy in multiple cases:

• Keyishian v. Board of Regents (1967): In this landmark case, the Supreme Court ruled that academic freedom is a “special concern of the First Amendment.” The case struck down a New York law requiring public university faculty to sign loyalty oaths, reinforcing that universities must remain spaces for free inquiry and that professors cannot be compelled to adhere to political orthodoxy. The ruling emphasized that a system of free expression and open discourse is essential to democracy and higher education.
• Sweezy v. New Hampshire (1957): This case involved a state attorney general’s investigation into the political beliefs of a university professor. The Supreme Court ruled that government authorities had overstepped their bounds by infringing on the professor’s right to free thought and expression. The Court emphasized the necessity of academic freedom to ensure that universities serve as spaces for debate and exploration without fear of state intrusion.
• Pico v. Board of Education (1982): Though primarily focused on book censorship in public school libraries, this case reinforced that students have a right to access diverse ideas, which indirectly supports educators’ freedom to present those ideas in the classroom. The ruling established that removing books or materials simply because they contain perspectives some find objectionable violates the principles of the First Amendment.
• Garcia v. San Antonio Metropolitan Transit Authority (1985): While not directly about academic freedom, this case reinforced the importance of federal protections for employees, including public educators, from undue state interference. The Court ruled that federal laws protecting employee rights applied to public institutions, including universities, ensuring that state-led efforts to police faculty speech cannot entirely override constitutional protections.
• Epperson v. Arkansas (1968): This case struck down an Arkansas law that banned the teaching of evolution in public schools. The Supreme Court ruled that the law violated the Establishment Clause of the First Amendment, reinforcing that educational content cannot be dictated by religious or political ideology.

These Supreme Court cases collectively [should] affirm that educators—whether in K-12 or higher education—retain the right to explore and discuss diverse perspectives in their classrooms. While political efforts to curtail academic freedom continue, these rulings provide a strong legal foundation for faculty to defend their right to teach without undue interference.

Preparing to Teach This Fall: Upholding Values While Navigating Institutional Policies

As faculty prepare for the upcoming semester, it is critical to strike a balance between maintaining educational integrity and navigating institutional policies shaped by political pressures. Here are strategies to consider:

1. Know Your Rights – Familiarize yourself with your district or institution’s policies on academic freedom and relevant Supreme Court rulings. If challenged, legal precedent is on your side.
2. Document and Communicate – If you experience pressure to alter your teaching, keep records of all communications. Seek guidance from faculty governance bodies, professional organizations, or legal advocates.
3. Frame Discussions Strategically – While continuing to teach critical topics, consider framing discussions around universally accepted educational principles such as critical thinking, historical accuracy, and civic engagement.
4. Leverage Institutional Policies and Accreditation Standards – Many accrediting bodies require programs to include content on diversity, equity, and inclusion. Use these mandates to justify the inclusion of such topics in your curriculum.
5. Build a Network of Support – Connect with colleagues who share your commitment to academic freedom. Unions, faculty senates, national organizations, and advocacy groups can provide guidance and solidarity.
6. Engage in Public Scholarship – When possible, use op-eds, public forums, and scholarly publications to highlight these issues with your constitutional freedom of speech. Raising awareness can help push back against efforts to restrict classroom discourse.

The Fight for Academic Freedom Continues

The attempt to censor a faculty member’s curriculum at an SEC College of Education is just one example of a much larger battle over academic freedom in the United States. While political forces seek to reshape education by limiting discussions of race, gender, and inequality, faculty members must continue to assert their right—and their responsibility—to teach truthfully and inclusively.

Educators cannot afford to remain silent. The stakes are too high. As the end of the academic year approaches, educators must prepare not only to teach their students but also to defend the very principles that make education a cornerstone of democracy.

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