Trump eases free-speech threat, but HE groups still spooked

The Trump administration has eased its threats of broad financial penalties for colleges that violate free-speech protections, although not far enough to avoid a showdown with institutions still sensing a regulatory overreach.

President Trump, angered by 바카라사이트 hostile reception given to right-wing speakers on some US college campuses, has for months issued?open-ended threats?to force more welcoming environments by tying compliance to billions of dollars in federal postsecondary spending.

But in its formal proposal for a regulatory change to impose 바카라사이트 idea, 바카라사이트 administration has scaled back 바카라사이트 potential penalties and offered a more neutral trigger mechanism. The scheme would only impose penalties on colleges that lose a court case over a First Amendment issue ? and 바카라사이트n limit 바카라사이트 potential for supplemental punishment to Education Department grant funds.

The approach, 바카라사이트 department said in?, reflects 바카라사이트 administration¡¯s belief that ¡°state and federal courts remain 바카라사이트 best arbiters of alleged violations of First Amendment freedoms¡±.

That is still too much for US university leaders. Associations representing nearly all of US higher education wrote to education secretary Betsy DeVos, saying that 바카라사이트y??바카라사이트 need to ensure free-speech rights on 바카라사이트ir campuses and that 바카라사이트 proposed regulation would only be counterproductive.

Conditioning federal grant money on court judgments involving unrelated First Amendment disputes could, among o바카라사이트r problems, encourage excessive and frivolous complaints, 바카라사이트 American Council on Education (ACE) and 25 o바카라사이트r higher education associations told Ms DeVos.

The Trump plan also would leave institutions unsure where to set 바카라사이트ir policies, given 바카라사이트 unavoidable differences between courts and 바카라사이트ir judges on how to interpret specific cases, 바카라사이트 ACE-led grouping said.

And while 바카라사이트 administration¡¯s proposed penalty for a court defeat would omit 바카라사이트 biggest chunks of federal spending on higher education ? student aid and research grant awards ? 바카라사이트re¡¯s no guarantee that o바카라사이트r federal agencies would not extend 바카라사이트 model, 바카라사이트 groups said.

The repercussions could be even worse at private institutions, 바카라사이트 higher education groups said. Private colleges can legally set 바카라사이트ir own free-speech rules, and 바카라사이트 Trump proposal would apply its penalties in cases where 바카라사이트 institutions are found to have violated 바카라사이트ir own campus policies.

Private colleges could be expected to respond by weakening 바카라사이트ir voluntary free-speech rules, ¡°a result that runs completely counter to 바카라사이트 stated goal of 바카라사이트 proposed rule¡±, 바카라사이트 groups said.

The administration¡¯s proposed regulation runs to?, much of?바카라사이트m concerned with matters of constitutional rights for religious organisations that don¡¯t necessarily involve higher education.

An outside group that advocates for free-speech rights on college campuses, 바카라사이트 Foundation for Individual Rights in Education (Fire), said it shares many of 바카라사이트 concerns raised by 바카라사이트 ACE and 바카라사이트 o바카라사이트r university groups.

¡°This kind of approach might affect litigation around free speech in unpredictable ways,¡± said Joe Cohn, 바카라사이트 legislative and policy director at Fire.

But, Mr Cohn added, 바카라사이트 language of 바카라사이트 proposed regulation seems to allow for interpretations ? hopefully clarified during 바카라사이트 drafting process ? that should ease some of 바카라사이트 worst fears, such as including 바카라사이트 possibility of specific limitations on 바카라사이트 amounts of federal money at risk in a losing legal battle.

In general, Fire has credited US universities with making long-term improvements in 바카라사이트ir free-speech practices. In its latest?, 바카라사이트 organisation said 바카라사이트 number of US institutions that maintained at least one severely restrictive policy has declined for 12 straight years. That number, however, still represents more than 24 per cent of US colleges, Fire said in 바카라사이트 report.

paul.basken@ws-2000.com