 Academic Freedom Amid Curricular Regulation and Research Restrictions |
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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.
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| AHA–OAH Statement on Executive Order "Ending Radical Indoctrination in K–12 Schooling" |
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This joint statement from the American Historical Association and the Organization of American Historians calls out the "politicization of history grounded in ahistorical thinking" mandated by Executive Order 14190. More than 30 other organizations have signed on to the statement.
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| Clark v. Board of School Directors |
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In this case, the Iowa Supreme Court ruled that the segregation of students based on race was unconstitutional. It was the first and only 19th century court to overturn school segregation.
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| Dear Colleague Letter |
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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.
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| Executive Order 14190 - Ending Radical Indoctrination in K-12 Schooling |
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This executive order by President Donald Trump directs the U.S. Department of Education and other federal agencies to end funding and support for "illegal and discriminatory treatment and indoctrination" in K-12 schools, including based on "gender ideology" and "discriminatory equity ideology." It also calls for the reestablishment of the President’s Advisory 1776 Commission "to promote patriotic education."
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| Fisher v. University of Texas |
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This Supreme Court case upheld the admissions policies of the University of Texas using the strict scrutiny criteria established by the 2013 Fisher v. University of Texas decision. It was later overturned by the decision in Harvard and UNC v. Students for Fair Admission.
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| Garcetti v. Ceballos |
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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.
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| Gratz v. Bollinger |
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In the case of Gratz v. Bollinger, the Supreme Court considered the University of Michigan's undergraduate admissions policy and found that race was too significant a factor in admissions decisions.
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| Grutter v. Bollinger |
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This Supreme Court case upheld the decision in University of California v. Bakke that the narrow use of race in admissions decisions was permissible. This precedent was overturned by the Supreme Court in Harvard and UNC v. Students for Fair Admissions.
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| Keyishian v. Board of Regents |
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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.
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| Mendez v. Westminster |
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Menedez v. Westminster found educational segregation toward Latino students unconstitutional.
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| Pensionado Act |
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This act, passed in the aftermath of the Philippine–American War, established a scholarship program for Filipino people to receive an education in the U.S.
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| Proclamation 10948 - Enhancing National Security By Addressing Risks At Harvard University |
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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.
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| Re: DEI Programs Are Lawful Under Federal Civil Rights Laws and Supreme Court Precedent |
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This memorandum from law professors across the United States explains how diversity, equity, and inclusion initiatives are legally defensible, in spite of the January 21, 2025, Executive Order titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity."
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| Re: February 14, 2025 Dear Colleague Letter issued by the United States Department of Education, Office of Civil Rights |
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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.
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| Regents of the University of California v. Bakke |
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Overturned by the Harvard and UNC v. Students for Fair Admissions decision, the Supreme Court in University of California v. Bakke ruled that college admissions were allowed to take race into account.
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| Roberto Alvarez, et al. v. E. L. Owen, et al. |
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This case was the first successful school desegregation case in the United States, decided fifteen years before Brown v. Board of Education. When the school board in Lemon Grove, California, attempted to build a separate school for students of Mexican origin, the court ruled that the segregation violated state laws which considered people of Mexican descent to be white.
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| Smith v. Directors of Independent School Dist. of Keokuk |
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In this case, the Iowa Supreme Court affirmed a lower court's ruling that the Keokuk school district could not refuse to admit a Black student based on race. Legal precedent for this case as set in the 1868 ruling in Clark v. Board of School Directors.
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| Students for Fair Admission v. Harvard |
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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.
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| Tinker v. Des Moines School District |
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The Supreme Court's decision in this case recognized the First Amendment right to freedom of speech or expression in U.S. public schools.
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| Webinar - Academic Freedom Amid Curricular Regulation and Research Restrictions |
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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.
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