Academic Freedom Amid Curricular Regulation and Research Restrictions

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• Academic Freedom Amid Curricular Regulation and Research Restrictions
  This teaching module looks at academic freedom amid curricular regulation and research restrictions, featuring a webinar with Eric Berger, professor of law at the University of Nebraska College of Law.
• Dear Colleague Letter
  This letter, sent to the departments of education in all 50 states, summarizes the Trump administration's position on diversity, equity, and inclusion (DEI). While the letter does not carry the force of law, it states that any institutions of higher education who do not comply with the administration's interpretation of existing nondiscrimination requirements may lose federal funding.
• Garcetti v. Ceballos
  This Supreme Court case considered the amount of free speech a public employee can make in the course of their duties. The Court ruled that the First Amendment does not apply to public employees when they speak as part of their job; the First Amendment only applies when they speak as a private citizen.
• Keyishian v. Board of Regents
  In the Supreme Court case of Keyishian v. Board of Regents, the Court considered whether a New York law limiting the public employment of "subversive persons" was a violation of the First Amendment. The Court in this case ruled that First Amendment restrictions must be narrow.
• Nebraska Civil Rights Initiative
  This amendment to the Nebraska Constitution banned the use of affirmative action in the "operation of public employment, public education, or public contracting." It was initiated as a ballot measure that was approved in 2008.
• Proclamation 10948 - Enhancing National Security By Addressing Risks At Harvard University
  This presidential proclamation claims that because of an increase of criminal activity at Harvard University, and a failure of the University to comply with federal directives, international student visas will be revoked.
• Re: February 14, 2025 Dear Colleague Letter issued by the United States Department of Education, Office of Civil Rights
  In this letter from the Montana University System, the Chief Legal Counsel responds to the Dear Colleague letter, describing its compliance with the guidance from the Dear Colleague Letter. It calls attention to Montana's work with tribal governments to increase the recruitment and retention of tribal students, noting that the Supreme Court has recognized distinctions based on tribal enrollment as political not racial classification.
• Students for Fair Admission v. Harvard
  This Supreme Court case considered whether Harvard's admissions process violated Title VI of the Civil Rights Act. The Court decided that the race-based admissions system did not meet the strict scrutiny required to allow a race-based system, and held as unconstitutional the consideration of an applicant’s race as a factor in making an admissions decision that benefits diversity.
• Webinar - Academic Freedom Amid Curricular Regulation and Research Restrictions
  In this webinar, Professor Eric Berger of the University of Nebraska College of Law discusses academic freedom amid curricular regulation and research restrictions with Dr. Katrina Jagodinsky and her Rights & Wrongs in American Legal History class.