Jonah Patel
In March 2025, former US President Donald Trump signed an executive order on campus free speech, titled 'Restoring Freedom of Speech and Ending Federal Censorship'. The order was a response to concerns from Trump's core supporters about a culture of political correctness in American higher education. The order stated that institutions must promote free inquiry to receive federal research funding. However, the American Civil Liberties Union (ACLU) criticised the order, arguing that the government cannot threaten funding to universities for fostering an environment of free speech. The order has also been deemed unconstitutional by some due to its lack of clarity on enforcement mechanisms and penalties for non-compliance.
| Characteristics | Values |
|---|---|
| Date of Order | 21 March 2019 |
| Name of Order | Executive Order on Campus Free Speech |
| Issued by | President Donald Trump |
| Aim | To protect free speech on college campuses |
| Target | Universities and colleges |
| Supporters | Young America's Foundation, Spencer Brown, Betsy DeVos, Alex Azar, Robert Shibley, student activists |
| Opposition | ACLU, ACE President Ted Mitchell, Forbes contributors, Ben Menke |
| Constitutionality | Unclear, likely to result in litigation |
| Related Issues | Transparency regarding student debt |
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What You'll Learn
The constitutionality of Trump's executive order
In 2019, President Trump signed an executive order to promote free speech in higher education. The order links federal research funding to institutions agreeing to promote free inquiry. However, the order has been criticised for being unclear and poorly crafted.
On the other hand, if the executive order is drafted competently and clearly and protects free speech broadly, rather than in partisan terms, it may be upheld against a facial constitutional challenge. Additionally, the Trump administration has stated that the order should not be objectionable to anyone who believes in the First Amendment and the rule of law.
Overall, the constitutionality of Trump's executive order on campus speech is a matter of ongoing debate and litigation. While the order aims to promote free speech in higher education, there are concerns about its potential impact on academic freedom and its enforcement.
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Free speech zones on college campuses
In 2019, President Trump signed an executive order on campus free speech, linking federal research funding to institutions agreeing to promote free inquiry. This order was intended to protect free speech in higher education. However, critics argue that the order is poorly crafted, leaving many questions unanswered and failing to establish clear enforcement mechanisms or standards for compliance.
The concept of "free speech zones" on college campuses refers to designated areas where protesters and demonstrators can exercise their right to freedom of speech. These zones first appeared in the context of college campuses in the 1980s and 1990s and have since become a widespread phenomenon. While the idea of a "free speech zone" may sound appealing, critics argue that in practice, these zones function as quarantines, limiting free speech to small and often out-of-the-way areas. Students wishing to use these zones may also face burdensome requirements, such as registering events in advance or adhering to strict time limits.
The American Civil Liberties Union (ACLU) and other civil rights organizations have expressed concern over the threat to freedom of speech and academic freedom on college campuses posed by Trump's executive order. They argue that the government cannot threaten funding to universities for fostering an environment of free speech and inquiry. ACLU has sent letters to colleges and universities, urging them to reject any federal pressure to surveil or punish students and faculty based on constitutionally protected speech.
Several groups and students have legally challenged free speech zone policies, arguing that they are unconstitutional and infringe on their First Amendment rights. In some cases, universities have abandoned or revised their policies as a result of these challenges. While colleges and universities have a responsibility to maintain order and combat discrimination, they must do so without curtailing free speech rights or censoring particular viewpoints.
To balance anti-discrimination obligations with constitutional free speech guarantees, colleges and universities can implement content-neutral rules that regulate the time, place, and manner of expressive activities, such as protests or literature distribution. These rules must be narrowly tailored to serve a significant governmental interest while still allowing alternative channels for expression.
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Federal research funding and free speech
In 2025, President Trump signed an Executive Order on campus free speech, linking federal research funding to institutions agreeing to promote free inquiry. This executive order was prompted by two other executive orders, namely Executive Order 14161, signed on January 20, 2025, and Executive Order 14188, signed on January 29, 2025, which were aimed at protecting the United States from foreign terrorists and combatting anti-Semitism, respectively.
The campus free speech executive order has been met with criticism and concern from various organizations, including the American Civil Liberties Union (ACLU) and ACE President Ted Mitchell. The ACLU has sent letters to colleges and universities across the nation, urging them to protect campus speech and reject any federal attempts to surveil or punish students and faculty based on constitutionally protected speech. They argue that the government cannot threaten funding to universities for fostering an environment of free speech and inquiry.
In response to the executive order, ACE President Ted Mitchell stated that the order was "unnecessary and unwelcome." The ACLU's letter also referenced a Truth Social post from President Trump, in which he threatened to stop federal funding for any educational institution that allows "illegal protests." Trump's post also included proposals to imprison agitators or permanently deport them from the country.
The executive order on campus free speech is part of a broader effort by the Trump administration to address perceived free speech violations. On his first day in office, President Trump signed over 20 executive orders, including one titled "Restoring Freedom of Speech and Ending Federal Censorship." This particular executive order has also faced criticism, with some arguing that it is an attempt to rewrite history and conceal the administration's track record on free speech.
The federal government's involvement in promoting free speech on college campuses and its linkage to federal research funding have sparked debates and concerns about the potential impact on academic freedom and the autonomy of educational institutions.
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Academic freedom and Trump's executive order
In 2019, President Trump signed an executive order to promote free speech in higher education. The order was surrounded by student activists who claimed that conservative views were suppressed at universities. Trump stated that he was taking "historic action to defend American students and American values that have been under siege".
The executive order was prompted by a viral video of a conservative activist, Hayden Williams, being physically assaulted on the UC Berkeley campus. Trump's announcement was met with cheers and applause at the Conservative Political Action Conference meeting. However, it also prompted questions, including who would define and judge free speech, and what type of federal funding could be withheld.
The American Civil Liberties Union (ACLU) published an open letter to colleges and universities nationwide, urging them to reject any federal pressure to surveil or punish international students and faculty based on constitutionally protected speech. The ACLU also made clear that the government cannot threaten funding to universities for fostering an environment of free speech and free inquiry.
The executive order has been criticised for not providing clear guidance on enforcement mechanisms or standards for compliance. It is also unclear if the order is meant to apply First Amendment standards to private universities. As a result, the order is likely to face legal challenges on constitutional grounds.
While some have welcomed the order as a necessary step to protect free speech on campus, others have argued that it could result in a new layer of bureaucracy and may not provide additional protection for free speech. The full impact of the executive order will not be known until it is implemented.
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Trump's executive order and the First Amendment
In March 2019, President Trump signed an executive order on campus free speech. The order links federal research funding to institutions agreeing to promote free inquiry. The order was prompted by a viral video of a conservative activist, Hayden Williams, being physically assaulted on the UC Berkeley campus. Trump's executive order states that colleges and universities must support free speech if they want to receive federal research dollars.
Trump's executive order on campus free speech has been criticised for being unclear and poorly crafted. It does not specify enforcement mechanisms or standards for compliance, nor does it outline penalties for non-compliance. As a result, some argue that the order is likely unconstitutional and will result in a new layer of bureaucracy. The American Civil Liberties Union (ACLU) has sent a letter to colleges and universities urging them to reject federal pressure to surveil or punish students and faculty based on constitutionally protected speech.
However, others have welcomed the order, arguing that it will protect free speech on campus, which they claim has been suppressed, particularly for conservative students. They believe that the order will ensure colleges and universities follow the First Amendment on public campuses and their own promises on private campuses.
The constitutionality of Trump's executive order is a complex issue. While it could face facial challenges in court, if the order is drafted clearly and broadly protects free speech, it may be upheld as constitutional. On the other hand, it is likely to face many "as applied" challenges, and universities are expected to win many of these cases.
Overall, while Trump's executive order on campus free speech aims to protect the First Amendment rights of students, it has been criticised for its lack of clarity and potential unconstitutionality. The order's effectiveness will depend on its implementation and enforcement, which remain uncertain.
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Frequently asked questions
Trump's executive order on campus speech is an attempt to promote free speech in higher education. It links federal research funding to institutions agreeing to promote free inquiry.
Trump's executive order has been criticised for being poorly crafted and not providing enough details on enforcement mechanisms, standards, and penalties for non-compliance. It has also been called an unnecessary and unwelcome overreach that threatens freedom of speech and academic freedom.
The constitutionality of Trump's executive order is questionable. While it refers to the First Amendment, it is unclear if it applies First Amendment standards to private universities. There are likely to be legal challenges, and universities are expected to win many of them.
Trump's executive order could result in increased litigation and a new layer of bureaucracy responsible for enforcing it. It may also have unintended consequences for the president's base, as some Trump-aligned institutions have been criticised for having a repressive climate for free expression.
