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If and when other states replicate Florida’s hardball tactics against ballot measures, it would represent the greatest threat to direct democracy in years.
In February, the Florida Department of State determined that no citizen-initiated measures qualified for the Florida 2026 general election ballot. This was not an accident. This outcome is the culmination of a multi-year, multi-pronged attack on the ballot measure process in Florida, with the most draconian blow coming last May.
On May 2, 2025, the Florida legislature passed House Bill 1205, a law that restricts, criminalizes, and penalizes ballot initiative efforts in Florida. HB 1205 is a direct assault on Florida’s citizen-led constitutional amendment process—imposing vague, burdensome, and punitive restrictions that threaten to chill core political speech and discourage civic participation. Although there are several insidious provisions in this law—severe petition-related fines and penalties, restrictive circulation periods, and burdensome petition circulation training obligations, including for volunteers—one of the most damaging provisions only revealed its true nature weeks after the law went into effect.
Unique to the Florida ballot measure process, statewide initiative proponents are obligated to pay a verification fee for each petition they submit. Prior to HB 1205, the cost averaged about 87 cents per petition. On its face, this obligation was already unconstitutional. However, HB 1205 went even further, redefining the “actual cost” of signature verification and authorizing county supervisors to calculate the new per-petition cost, and begin collecting it from statewide ballot initiatives.
Starting on June 30, 2025, the county supervisors began posting their increased signature verification rates. Many newly posted fees are dramatically higher. For example, Lee County raised fees from $0.95 to $4.40 per petition, a 363% increase, while Gilchrist County raised fees from $0.10 to $2.77 per petition, a 2,670% increase. On average, Florida’s three largest counties increased fees to more than $3.77 per signature. As a result, it will now cost sponsors millions of dollars to verify enough petitions to qualify for the ballot. By comparison, no other state even comes close—the largest filing fee we are aware of is Montana’s fee of $3,700, which a court promptly struck down as unconstitutional under state law.
If the regressive policies of HB 1205 are left unchecked, other states will immediately adopt the same types of policies.
There is no question that Florida has been a breeding ground for bad legislation in recent years. Just to name a few—in 2005, Florida passed the first “stand your ground” law. Florida was one of the first states to ban “critical race theory” from its classrooms and was the first state to ban the AP African American studies course. Attacks on the ballot measure process have escalated in recent years, and there is no question that state legislatures look to one another for novel ideas to make the ballot measure process more restrictive. Once a restrictive policy is seen as permissible in one state, other states move quickly to adopt it for themselves. For instance, several states have tried to increase their ballot measure passage thresholds after Florida increased its threshold to 60%. Likewise, geographic circulation requirements, circulator registration and reporting obligations, and circulator payment restrictions have spread like wildfire across Republican-controlled states. Without a doubt, if the regressive policies of HB 1205 are left unchecked, other states will immediately adopt the same types of policies.
And yet, there is still hope. After HB 1205 passed last year, Florida Decides Healthcare, the Medicaid expansion initiative campaign, immediately filed a lawsuit in federal court arguing that HB 1205 is a direct assault on Florida’s citizen-led ballot measure process. That case went to trial on February 9, where the State attempted to defend its restrictions. If HB 1205 is allowed to stand, it will be prohibitively expensive for any initiative to get on the ballot in Florida. If and when other states replicate Florida’s hardball tactics against ballot measures, it would represent the greatest threat to direct democracy in years. Democracy advocates around the country should watch this trial closely, and we should all applaud Florida Decides Healthcare for standing up for their direct democracy rights.
The world’s richest man believes it is “treason” to teach students the plain fact that the United States was built on stolen Native American land.
Self-proclaimed "free speech absolutist" Elon Musk believes schoolteachers should be "imprisoned" for educating students on topics that portray America negatively—including the nation's history of racism and the displacement of Native Americans.
The world's richest man, who was a prolific donor to President Donald Trump and a member of his administration, expressed this desire in a post on his social media app X on Thursday in response to a survey of high school students from 2022 conducted by the right-wing Manhattan Institute, about whether they had been taught concepts labeled as part of "critical social justice."
The post Musk replied to specifically emphasized that, according to the poll, 45% of students said they had been taught that "America was built on stolen land," while another 22% said they'd heard it from an adult at school.
Any even cursory retelling of US history makes such a statement beyond dispute. Since the arrival of European settlers in what would become the United States, Native Americans have been subject to over 300 years of well-documented forced migration policies, wars of extermination, and coercive treaties codifying their dispossession from lands they lived on for centuries.
In 2021, a year before the survey was conducted, researchers examined the first comprehensive dataset quantifying the forced removal of Native Americans and found that Indigenous people had lost approximately 99% of the lands they historically occupied.
The poll showed that students had also been taught other ideas about America that, while politically contentious, are also well-founded by US history and ongoing realities of legal and economic inequality—including that "America is a systemically racist country," that "white people have white privilege," and that "America is a patriarchal society."
With state-level bans on what it calls "critical race theory," "gender ideology," and other supposedly "divisive concepts" in public education, the right has in recent years been systematically chipping away at classroom discussions related to the uglier parts of US history and resulting ongoing inequality. Meanwhile, the second Trump administration has sought to use federal funds to coerce public schools into adopting his standards for "patriotic education."
But Musk, who donated an unprecedented $290 million to Trump to help him reclaim the presidency in 2024, thinks merely banning students from learning negative things about the country is not enough.
"Teaching people to hate America fundamentally destroys patriotism and the desire to defend our country," he wrote. "Such teachings should be viewed as treason and those who do it imprisoned."
The irony was immediately apparent to many. Musk's call comes just days after he claimed that by pushing to ban his platform X over its proliferation of nonconsensual artificially generated pornography, including of children, the United Kingdom “want[s] to suppress free speech.”
Musk has on numerous previous occasions emphasized the importance of the First Amendment of the US Constitution, which guarantees the right to free expression.
"You can't claim to care about the First Amendment if you believe this," responded Billy Binion, a reporter for the libertarian news outlet Reason." Treason is a capital offense. Imprisoning or executing people for their words is impossible to reconcile with any understanding of free speech. Incoherent and un-American."
The billionaire has long claimed to be one of free speech's foremost defenders, but often only in cases involving his ideological allies.
Since he took over the social media platform formerly known as Twitter in 2022, those who have criticized him, reported negative news stories about him, or promoted causes he disagrees with—particularly Palestinian or LGBTQ+ rights—have often had their accounts suspended or their content’s reach limited.
In recent weeks, echoing rhetoric from the Trump administration about deporting tens of millions of nonwhite American citizens, Musk has spiraled further into explicit calls for the ethnic cleansing of the United States, endorsing posts stating that white people must “reclaim our nations” or “be conquered, enslaved, raped, and genocided” and that “if white men become a minority, we will be slaughtered,” necessitating “white solidarity.”
"Obviously, the whole Elon-is-a-free-speech-absolutist thing is long dead," wrote Alex Griswold, a spokesperson for the Foundation for Individual Rights and Expression, commonly known as FIRE. "But it goes beyond that to the point that he is significantly more censorial than the median American."
Pam Fessler, a former news correspondent for NPR wrote that "People who call for the imprisonment of those who teach facts are the ones who 'hate' America."
Even when faced with pressure and threats from almost all sides, the actual, individual people shaping the education of our children will not let themselves be cowed.
There is a looming threat to K-12 public education in America, but it is not only the substantial amount of laws restricting what can be taught in classrooms. The equally profound danger is that we are allowing a narrow political narrative to overshadow what is actually happening inside schools.
National pundits and scholars frame “the law” as a singular force indoctrinating students, obscuring the fact that we are dealing with a patchwork of rapidly evolving laws. While these legal shifts are detrimental, a more comprehensive understanding requires considering the lived experiences of educators, students, and the organizations that navigate them. The threat is not simply complacency to this “silent majority.” It is also the refusal to recognize that our schools are not homogeneous battlegrounds, but diverse communities experiencing these political pressures in very different ways.
The problem is not “the law,” it is the laws, plural, rushed through statehouses by politicians eager to score cultural points without any clarity on implementation or impact. Political influence on standards is nothing new, but recent controversies have reached a fever pitch as conservative lawmakers push divisive-concepts bills restricting topics such as race, gender, and LGBTQ+ rights.
In 2022, the South Carolina legislature debated bills banning The 1619 Project and any content feared to make white students “feel guilty.” Today, 35% of K-12 students attend school in states with anti-critical race theory laws. By 2023, 65% of history teachers reported limiting political discussions. As one Ohio teacher put it, “It’s tough for teachers to stick their neck out… you just see the attack on teachers increasing over and over again.”
While the legislators passing these laws attempt to rally popular support behind a narrative that they are the “silent majority,” we can’t let them obscure their genuine presence as simply a highly outspoken minority.
For example, New Hampshire is facing restrictive “divisive-concepts” laws, dwindling public school funding, and bounties on teachers that Moms for Liberty hopes to “catch.” As much as Moms for Liberty promotes its bounty as protection for children, the bounty serves one exclusive purpose. To instigate fear among educators, parents, and the broader public.
But this fear is largely baseless. Despite its efforts to intrude into the classroom and attack teachers, Moms for Liberty has remained unsuccessful. Even with a $500 cash prize on the line, not a single teacher was “caught” and fired for Moms for Liberty’s agenda. It’s as if, when investigated, teachers are not posing dangers to students. Rather, they are trained educators fighting for the strong democratic education of the nation's children.
While the legislators passing these laws attempt to rally popular support behind a narrative that they are the “silent majority,” we can’t let them obscure their genuine presence as simply a highly outspoken minority.
Legislative activity across the nation is also propagating fear among educators. But these bills are poorly crafted, vague, lacking expert input, and inconsistent with the First Amendment and academic freedom. While these threatening bills infiltrate news headlines, most of them have no real power. In 2024, 56 educational gag orders were filed, but only 8 were actually implemented. These are also new lows for proposed and implemented gag orders compared with the last few years.
Instead, we continue to see bipartisan opposition to politicized state lawmakers making choices about the content in K-12 schools. In 2024, we saw the first successful challenges to K-12 gag orders in court. Groups like Moms for Liberty remain unpopular among the public. Moms for Liberty and the 1776 Project continue to suffer electoral losses, with their publicly endorsed candidates losing about 70% of their races nationwide in 2023.
Bearing this in mind, we must continue to hold strong against these loud (but little) groups. Although they’ve mastered the art of amplifying their voices and distracting us with frightening news headlines, we cannot succumb to their scare tactics and must continue to make informed decisions based on our own investigation.
Furthermore, beyond the failures of these scare tactics, perhaps one of the most profound places to look for hope is in the actions of individual teachers across the United States. Here, we will draw on the testimonies of three different teachers, whom we interviewed as part of an Amherst College course on the polarization of social studies education. Although they cannot single-handedly represent the entire nation, their words have been echoed throughout the sources and interviews we have examined in our class.
What these teachers can show us is that, even when faced with pressure and threats from almost all sides, the actual, individual people shaping the education of our children will not let themselves be cowed.
Even as some parents threaten the livelihoods and lives of teachers, a teacher in Florida makes the effort to reach out to the parents of the children he teaches, creating a parent-teacher relationship based on trust and respect, not hatred and anger. Even as legislators try to write teachers out of their laws, a teacher from Ohio continues to demand that his voice be heard and has ensured that, over the past six years, not a single bill has been passed that was not approved by the coalition of Ohio teachers. Even as the politicians in Washington squabble like children, a teacher in Arkansas crafts a classroom where the children she teaches learn to engage in civil debate and learn to disagree on a topic while still remaining friends.
All three of these teachers—and thousands more across the country—continue, quietly, to educate the nation's children with kindness and nuance, even as the politicians in the Capitol do their best to sabotage the fundamental educational structures of the United States.
So don’t give up, don’t let them win. Don’t let them write a story that places teachers as the villains.
Don’t let them make you forget how hope endures and that the strength of the educational system lies maybe not in the laws that politicians apply to it, but instead in the individuals who dedicate their lives to ensuring children can learn and play and will grow to shape the future of this country.
Having overcome enslavement, Jim Crow, and more, our striving to thrive in a country with so-called leaders who would prefer to keep us living on the margins only exemplifies the America we aspire to.
It’s a trend that’s been building for a few years now.
Books by predominantly Black authors are being banned around the country. School curricula have been amended to skip the history lesson on slavery and racism. Critical Race Theory (CRT)—and anything that vaguely looks like it—is under attack. And the concept of “wokeness” has been misconstrued and weaponized.
Fast-forward to February 2025 and there’s been a doubling down on these attempts to erase Black history. U.S. President Donald Trump’s anti-DEI, anti-“woke” rhetoric has led major companies and even many federal agencies to avoid observing Black History Month.
One thing Black people are going to do is to be Black—and proud. We don’t need a month to know that we stand on the shoulders of giants.
As I consider the president’s campaign promise to “make America great again,” I wonder if he means to make America “white” again.
From failing to condemn white supremacists for their violent march in Charlottesville, Virginia during his first term to blaming “diversity hires” for January’s plane crash in Washington, D.C. this year, Trump and his allies seem to have a difficult time acknowledging the diversity that actually makes this country great.
This has been especially true for Black people feeling the brunt of his Executive Orders. These haven’t just eliminated recent diversity and inclusion initiatives—one even rescinded an Executive Order signed by President Lyndon B. Johnson to end discriminatory practices mostly aimed at Black Americans.
During a speech at Howard University in 1965, President Johnson said that Black Americans were “still buried under a blanket of history and circumstance.” Following widespread protests, it was Johnson who signed the landmark Civil Rights Act and Voting Rights Act into law. Now both historic milestones are under threat by the attempts of Trump and many others to erode the social and economic gains made by Black Americans.
It’s as if we are reliving a time akin to the nadir of race relations in America—the period after Reconstruction, when white supremacists regained power and tried to reverse the progress Black Americans made after the emancipation of enslaved people.
Today, from the U.S. Air Force [temporarily] removing coursework on the Tuskegee Airmen to orders by many federal agencies, including the military, canceling Black History Month celebrations, these extreme rollbacks will set a new precedent impacting all minority groups.
I can’t help but to return to sentiments shared by The 1619 Project founder Nikole Hannah-Jones: “The same instinct that led powerful people to prohibit Black people from being able to read,” she wrote, is also “leading powerful people to try to stop our children from learning histories that would lead them to question the unequal society that we have as well.”
There is nothing comfortable about the history of Black Americans—it’s a history that shatters the myth of American exceptionalism. Nevertheless, Black history is American history. Instead of banning it, we must teach it.
It would be impossible to erase the legacy of Black people in this country. Ours is a legacy that endures—one that will continue to endure no matter who’s in the White House.
One thing Black people are going to do is to be Black—and proud. We don’t need a month to know that we stand on the shoulders of giants.
Having overcome enslavement, Jim Crow, and more, our striving to thrive in a country with so-called leaders who would prefer to keep us living on the margins only exemplifies the America we aspire to. And it’s a fight that’s made this country better for struggling people of all races.
Like it or not, Black history is every day.
Parents, community members, social justice organizations, and solidarity activists must demand a school curriculum that looks forthrightly at the history of Zionism and Palestinian struggles for justice.
Scholasticide.
It’s a term coined in 2009, but has taken on new power as the devastation of Gazan schools, universities, and libraries becomes almost total. As Rice University Professor Abdel Razzaq Takriti of Scholars Against the War on Palestine said about the Israeli assault: “They’re demolishing universities and schools intentionally. They bombarded and destroyed every single university. They’re using schools as barracks and military stations.”
But another facet of scholasticide can be found in our own schools in the United States—erasing Palestinian lives and hiding the history of Palestine-Israel from young people.
Attempts to silence critical teaching around Palestine-Israel have at times been ferocious. And it requires courage for teachers to confront this repression.
In the forthcoming book from Rethinking Schools, Teaching Palestine: Lessons, Stories, Voices, Palestinian American educator Nina Shoman-Dajani writes: “Of the hundreds of assignments my children have brought home from school over the years, not one of them has referred to Palestine.”
In a review of children’s literature on Palestine, in the book, Nadine Foty, Palestinian-Egyptian-American early childhood educator, writes: “As a child, I remember feeling like I didn’t belong because I could never walk over to a map in my classrooms and see my father’s home, Palestine. When I asked, I was met by responses that Palestine didn’t exist.”
The curricular silence that turns Palestinians invisible impoverishes all young people. Instead of the knowledge they need to make sense of how Palestine became Israel and how Israel continues to wage war on Palestinians, they get nothing. Or worse.
Widely adopted corporate textbooks feed students pernicious myth after myth. Glencoe’s World History, for example, begins its section “The Question of Palestine” not with Palestinians, but with Jewish immigrants: “In the years between the two world wars, many Jews had immigrated to Palestine, believing this area to be their promised land.” The entire section simply tells Israel’s origin story as Israeli propagandists would tell it.
About Israel’s founding, Holt McDougal’s Modern World History lectures young people: “The new nation of Israel got a hostile greeting from its neighbors.” The first “Critical Thinking” question in the teacher’s edition asks: “What prevented the establishment of the Arab state in 1948?”
The sole possible answer the book offers: “Palestinian Arabs rejected the partition plan.” (That partition plan was seen by many as a temporary inconvenience, including Israel’s first Prime Minister, David Ben-Gurion, who wrote partition was “not the end but the beginning.”)
The good news is that more and more teachers around the country are breaking through the mainstream curriculum’s silences and lies.
Pro-Israel efforts to repress critical teaching about the history of Zionism and Palestine echo the country’s ferocious right-wing attacks on anti-racist, social justice curricula.
Teaching Palestine collects stories of imaginative teaching from across the country: a simulation that introduces students to Israel’s apartheid system of fragmentation and domination; a critical thinking activity with students evaluating Palestinian narratives on the 1948 Nakba (the Catastrophe), alongside Zionist narratives that fill our textbooks; an historical dive into U.S. policy choices toward Israel from the 1956 Suez Canal Crisis through Hamas’ rise to elected power in Gaza in 2006; a role play activity on the ”seeds of violence” in Palestine-Israel that transports students to Palestine in the Ottoman era and the early years of Zionist immigration and ethnic nation-building alongside Palestinian dispossession; an elementary lesson that uses Malak Matar’s poignant children’s book Sitti’s Bird: A Gaza Story.
But attempts to silence critical teaching around Palestine-Israel have at times been ferocious. And it requires courage for teachers to confront this repression.
Some instances feel absurd. In Portland, Oregon, in response to student work on Palestine posted on the walls of a public school last spring, the school district recently instituted a new administrative directive. Now, teachers may display art or posters that might “stimulate and illustrate” an area of study, but if these are visible from a “common area” like the hallway, they must have prior approval from the building administrator. This fall, school officials tore down—literally—a teacher’s “Stop the Genocide” posters. In a meeting, administrators said that “Stop Genocide” would be permissible, but inserting “the” rendered this unacceptably partisan.
In an article included in Teaching Palestine, the young adult novelist Nora Lester Murad describes how the Anti-Defamation League (ADL) bullies teachers and students by pushing—and weaponizing—the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism, which conflates Palestinian perspectives with antisemitism.
In Philadelphia, students of the award-winning high school teacher Keziah Ridgeway made a podcast comparing the art of Palestinians with the art of enslaved people. In response, groups there including the School District of Philadelphia Jewish Family Association labeled Ridgeway’s work with students “antisemitic and dangerous.”
Amplifying the Jewish Family Association’s complaints against Ridgeway and other teachers, ADL later submitted a Title VI complaint against the school district. As Murad notes, in the complaint, “the ADL advocates for the ‘suspension and expulsion’ of students and the ‘suspension and termination’ of teachers, who under the IHRA definition… have engaged in ‘discriminatory conduct’ for being publicly critical of Zionism.”
As we reported in the spring 2024 Rethinking Schools magazine, four teachers in Montgomery County, Maryland were placed on administrative leave for public expressions of support for Palestinians. A charter school in Los Angeles fired two first-grade teachers and placed their principal on leave after one teacher posted on Instagram that they had taught a “lesson on the genocide in Palestine.” The Decatur, Georgia school district disciplined their equity coordinator for sharing “Resources for Learning & Actions to Support Gaza.”
A recent Jewish Federation of Greater Portland parent advocacy training I attended, told parents, “You are our eyes and ears”—“Record everything. Every single word.” One presenter told the story of a group of parents confronting a principal about a teacher who showed “one-sided” CNN videos. “We demanded that some action be taken. And this teacher—I can tell you, this year, that teacher does not teach at that school.”
Pro-Israel efforts to repress critical teaching about the history of Zionism and Palestine echo the country’s ferocious right-wing attacks on anti-racist, social justice curricula. As Jesse Hagopian points out in his forthcoming book Teach Truth: The Struggle for Antiracist Education, almost half of public school children in the United States live in states that restrict teaching about race and racism.
Educators of conscience need allies who can support their efforts to build a curriculum that centers Palestinian perspectives. This is not the work of educators alone. They need parents, community members, social justice organizations, and solidarity activists to demand a school curriculum of fearless curiosity—one that looks forthrightly at the history of Zionism and Palestinian struggles for justice.
Palestine has been the site of invasion, colonialism, ethnic cleansing, and war. But also of resilience, of hope. Let’s help teachers introduce young people to the critical stories they need to make sense of the world—and to change it.
More than 150 bills seeking to undermine academic freedom and intervene in university governance were introduced in state legislatures across the country during 2021-2023.
A recent white paper by Isaac Kamola, director of the Center for the Defense of Academic Freedom, details the ongoing culture-war backlash against higher education in America, largely in response to the grassroots activism of Black Lives Matter in 2020 and increasing LGBTQ+ visibility.
More than 150 bills seeking to undermine academic freedom and intervene in university governance were introduced in state legislatures across the country during 2021-2023. While these bills are typically interpreted as an “organic” consequence of increasing polarization among Americans, the current wave of legislation targeting higher education is a coordinated effort between wealthy elites, a network of right-wing and libertarian think tanks, and Republican politicians at the state level.
The paper published by the American Association of University Professors (AAUP) identifies 11 right-wing and libertarian think tanks responsible for manufacturing the cultural backlash against both K-12 and higher education. A steady stream of papers, op-eds, talking points, public events, and media appearances emanating from these groups have conveyed a false impression of intellectual legitimacy behind their arguments, which conservatives have leveraged for political capital. As a result, the inflammatory narrative that all college and university faculty are “liberal,” biased, “woke,” socialist or Marxist, and hostile to free speech and conservative values has taken hold in the mainstream.
The catalyst for the backlash against educational institutions and the accompanying wave of legislation can be traced back to an executive order signed by former President Trump in September 2020 as well as to the right-wing operative who set it into motion.
Unsurprisingly, the think tanks behind these attacks are prominent, influential, and well-connected operatives in the right-wing ecosphere. Seven of the 11 are members of the State Policy Network (SPN), a web of 167 far-right nonprofit organizations in 48 states, Washington, D.C., Puerto Rico, and the United Kingdom. SPN members play an integral role in ensuring the passage of legislation in state houses by providing academic legitimacy when called on to testify at hearings, producing “studies” or model legislation, and attracting media attention.
In addition, 8 of the 11 highlighted think tanks sit on the advisory board of Project 2025, a series of policy proposals from The Heritage Foundation outlining the sweeping authoritarian and Christian nationalist reforms conservatives expect to see if former President Donald Trump is reelected this year. While proposals promising to severely curtail reproductive rights and environmental protections have received the majority of public scrutiny, the 900+-page document also outlines a plan to radically alter how America’s educational system is funded and administered. Proposals include dramatically cutting federal funding for education, “rejecting gender ideology and critical race theory,” weakening accreditation standards, ending student loan forgiveness, strictly focusing higher education on job training and economic growth, and expanding “parental rights” and school choice, among other reform measures.
AAUP also identifies the top 25 donors to the 11 think tanks and SPN between 2020 and 2022, which include prominent right-wing 501(c)(3) nonprofits like the Roe Foundation, the Lynde and Harry Bradley Foundation, the Searle Freedom Trust, the Sarah Scaife Foundation, Leonard Leo’s 85 Fund, the Walton Family Foundation, Stand Together Fellowships (formerly the Charles Koch Institute), the Diana Davis Spencer Foundation, the Bradley Impact Fund, and the John William Pope Foundation.
However, a majority of funding for SPN and the think tanks comes from donor-advised funds, which means that the origin of the funds—the actual donor—is completely obscured. DonorsTrust, the preferred donor-advised funding conduit of right-wing billionaire families, is by far the biggest donor. Between 2020 and 2022, it contributed more than $37 million to 10 of the 11 think tanks and SPN. Other donor-advised funds in the top 25 list include the Fidelity Investments Charitable Gift Fund, the National Christian Charitable Foundation, the Vanguard Charitable Endowment Program, the New Venture Fund, the Servant Foundation, and the Morgan Stanley Global Impact Funding Trust.
The catalyst for the backlash against educational institutions and the accompanying wave of legislation can be traced back to an executive order signed by former President Trump in September 2020 as well as to the right-wing operative who set it into motion. Executive Order 13950 made it illegal for federal agencies to incorporate “divisive concepts,” “race or sex stereotyping,” and “race or sex scapegoating” into their training protocols. Notably, Trump issued the executive order three weeks after right-wing activist Christopher Rufo, a senior fellow at multiple conservative think tanks, appeared on Tucker Carlson Tonight to disparage the concept of critical race theory (CRT) and call for an executive order banning professors from teaching it. The day after that appearance, Trump called Rufo to discuss the specifics of the executive order.
Though less well-known to the mainstream at the time, Rufo was already a relatively established figure on the right who has held (or currently holds) positions at the Claremont Institute, Heritage, the Pacific Research Institute, The Federalist Society, and the Manhattan Institute. A recent investigation by the Center for Media and Democracy (CMD) and Important Context revealed the handful of right-wing billionaires and major foundations funding these think tanks. Rufo’s existing ties to both these groups and the donors behind them presaged the key players at the center of the full-fledged assault on higher education.
With millions of dollars in financial backing, right-wing and libertarian think tanks mobilized around promoting a reactionary legislative response to the “liberal excesses” of higher education. The legislative backlash began with “academic gag orders,” or bills seeking to ban CRT and other so-called “divisive concepts.” The AAUP white paper found that all but 19 of the 99 academic gag orders introduced in state houses between 2021 and 2023 drew on language taken directly from EO 13950, or from two model bills: the “Model School Board Language to Prohibit Critical Race Theory” drafted by the Center for Renewing America (CRA) and Heritage’s “Protecting K-2 Students from Discrimination.” This includes Florida’s infamous “Stop WOKE Act” (HB 7), which was signed into law in April 2022 and includes the definition of “divisive concepts” outlined in the Trump executive order and the CRA model bill.
Academic gag orders and anti-DEI bills have undoubtedly been the centerpieces of the right’s manufactured backlash against higher education.
Despite enthusiastic support from Republican politicians for these academic gag orders, only 10 of the 99 initially introduced passed between 2021 and 2023. As a result, conservative activists refocused their efforts and shifted their framing. During the 2023 legislative session alone, anti-diversity, equity, and inclusion (DEI) bills were introduced in various states 40 separate times, and all of them addressed a combination of the same four objectives: ending mandatory DEI training, preventing the use of diversity statements in job applications and promotion materials, prohibiting hiring practices designed to increase diversity, and ending state funding for DEI offices and personnel altogether.
One example is Texas SB 17, which made it illegal for colleges and universities to “establish or maintain a diversity, equity, and inclusion office” or to “hire or assign an employee of the institution or contract with a third party to perform the[se] duties,” among other measures. The bill drew from model legislation produced by the Manhattan Institute and co-written by Rufo, Ilya Shapiro of the Manhattan Institute, and Matt Berenberg of the Goldwater Institute. Texas Public Policy Foundation (TPPF) Senior Fellow Sherry Sylvester, TPPF’s Richard Johnson, Heritage’s Adam Kissel, and prominent Black conservative academic and politician Ben Carson testified in favor of the bill before the state Senate Subcommittee on Higher Education. TPPF’s Daniel Bonevack and a University of Texas professor who regularly works with TPPF testified in support of the same bill before the House Committee on Higher Education. Despite more than 100 witnesses who testified against the bill in either the Senate or House committee hearings, the small number of think tank employees proved to be sufficiently persuasive that SB 17 passed along party lines.
Florida Gov. Ron DeSantis and other Republican politicians in the state proved to be just as receptive. There HB 931 redefined “loyalty tests” as including a commitment to “diversity, equity, and inclusion,” which effectively ended general consideration of diversity during the hiring process. Sections of the bill were taken directly from the model legislation known as “End Political Litmus Tests in Education Act,” which was co-written by Stanley Kurtz, a senior fellow at the Ethics and Public Policy Center, along with fellows from the Martin Center and the Goldwater Institute. In March 2023, a month after HB 931 was introduced in the state legislature, DeSantis held a roundtable discussion titled “Exposing the Diversity, Equity, and Inclusion Scam.” Speakers at the event included Rufo, Claremont’s Scott Yenor, and Carrie Scheffield from the Independent Women’s Forum.
Academic gag orders and anti-DEI bills have undoubtedly been the centerpieces of the right’s manufactured backlash against higher education. However, other types of bills have also been promoted and introduced in state legislatures, including ones that weaken tenure and accreditation standards, and others that undermine existing academic governance. Between 2021 and 2023, bills attacking tenure for faculty were introduced 20 times in various state legislatures, with three of them passing. The original version of one of those bills, Texas SB 18, would have eradicated tenure for faculty members hired after September 1, 2023. Although this version didn’t pass, 2 of the 3 advocates to testify in favor of it were Thomas Lindsay of TPPF and Adam Kissel of Heritage.
The aforementioned Florida HB 931 includes provisions to institutionalize “intellectual diversity” by establishing an Office of Public Policy at each of Florida’s public colleges and universities, which undermines academic governance. This section comes directly from a model bill published by the National Association of Scholars and written by Kurtz. Similarly, Ohio’s SB 117 appropriated $24 million over two years to create “intellectual diversity” centers at the state’s public universities. Representatives from the American Council of Trustees and Alumni, the National Association of Scholars, Speech First, the Jack Miller Center, and Heritage all spoke in favor of the bill, which was ultimately passed during the 2023 legislative session.
“It is important to follow the money when examining the culture war attacks on higher education,” Kamola told CMD. “The goal of plutocrats and billionaires has been to paint all higher education as threatening to American values because the end goal is defunding all public goods. Attacking higher education not only scores short-term political points but also paves the road for delegitimizing all public institutions.”
We are witnessing the emergence of an ideologically incoherent but politically effective bloc around the repression of Palestine solidarity on U.S. campuses, straddling the militant Right and the liberal center.
On January 17, after having first occupied it as a military base and interrogation center, the Israeli army employed scores of landmines to blow up Israa University, the last institution of higher learning then left standing in Gaza. While the terms “scholasticide,” “educide” and “epistemicide” have long been used to describe the assault on Palestinian intellectual life and infrastructure, they have become grimly literal as Israel’s war on Gaza effects what journalist Eman Alhaj Ali calls the erasure of Gaza’s education system. The logic of elimination undergirding Israel’s effort to make Gaza uninhabitable has included the demolition of academic buildings, the lethal targeting of its scholars and intellectuals—from the poet and literature professor Refaat Alareer to the rector of the Islamic University and scientist Sufyan Tayeh—as well as the slaughter of countless students. Genocide, to borrow from literary scholar and Al-Aqsa professor Haidar Eid, has gone hand-in-hand with sociocide and ideocide.
Any discussion of the latest phase in the United States’ so-called “campus wars” must start from here, and not just to check the language we use to talk about conflict. Ever since the 1960s, intense fights over political speech, protest and curricula have periodically roiled U.S. universities. But the current war against Palestinian life and culture, which many young people correctly perceive as an Israeli-American war, has marked a new phase in these ideological and discursive conflicts, one whose violence has not just been metaphorical — recall the shooting of three Palestinian students near the University of Vermont in late November.
Over the last four months, as Israel has ratcheted up its long-term attacks on Palestinian intellectual life, pro-Israel political actors in the United States have tied the silencing of Palestinian solidarity to ongoing campaigns against critical and progressive agendas in education. In so doing, they are also bringing together the political center and far Right in ways that trouble the narrative of a coming battle between a broad liberal front and a proto-fascist Trumpism.
As Israel has ratcheted up its long-term attacks on Palestinian intellectual life, pro-Israel political actors in the United States have tied the silencing of Palestinian solidarity to ongoing campaigns against critical and progressive agendas in education.
The congressional grilling of university presidents over alleged campus antisemitism in December, and the ensuing “affair” that led to the ouster of former Harvard University president Claudine Gay, were illustrative of this new alliance. They demonstrated how slandering solidarity as antisemitism can undermine student campaigns against institutional complicity and divert attention from the United States’ pivotal role in enabling mass murder. This is glaringly evident if we compare the attention lavished by The New York Times on Gay’s citational practice with the paper’s consistent unwillingness to probe Israeli propaganda.
But what the hearings also revealed is how repression of Palestine solidarity helps advance the culture war agenda of the U.S. far Right, enlisting liberal elites in its campaign to purge critical and liberatory perspectives from the curricula and undo the uneven institutional gains made by minoritized groups. As historian and political theorist Nikhil Pal Singh told me, the backlash against pro-Palestinian student movements “is triggering a clear rightward movement” in the political mainstream, thanks largely to right-wing operatives who have “weaponiz[ed] the type of free speech and colorblind discourse that has always been more effective and appealing to centrist liberals than overtly racist and authoritarian appeals.” Right-wing anti-diversity activist Christopher Rufo’s crude playbook for peeling mainstream liberalism away from an anti-colonial and socialist Left shows he’s not unfamiliar with this insight. As he declared on October 13 on X (formerly Twitter): “Conservatives need to create a strong association between Hamas, BLM, DSA, and academic ‘decolonization’ in the public mind. Connect the dots, then attack, delegitimize, and discredit. Make the center-left disavow them. Make them political untouchables.”
The strategy has been simple but effective. The demonization of critical race theory (CRT) that marked Florida Gov. Ron DeSantis’ efforts to bring Orbánism to the Sunshine State has more recently pivoted to a systematic campaign against diversity, equity, and inclusion (DEI) in universities, public administration, and business. As Keeanga-Yamahtta Taylor astutely observed, DEI has proved a better target than CRT, bypassing academic abstractions and appealing to core claims of “unfairness” that mobilize a Right organized around grievance politics. The Right’s recent work to associate diversity with antisemitism only draws more people into the tent, including those who have always been quick to berate anti-Zionist activists of color for “betraying” Jewish allies.
The history of tarring anti-Zionism with the brush of antisemitism to target and undermine liberation politics—from SNCC and Black Power all the way to queer thought—is long and repetitious. As the journalism scholar A.J. Bauer recently noted, the “Palestine Scare,” like the anti-communist “Red Scares” before it, allows the Right to police the borders of liberalism, and to conscript centrists into its anti-emancipatory project.
At Harvard, with Bill Ackman, as at the University of Pennsylvania, with Marc Rowan, the open interference of donors has played no small role in recent events. Gloating over his role in Gay’s unseating, Rufo proclaimed that his own “narrative leverage” required not just the “political leverage” of those like Rep. Elise Stefanik—the New York Republican who led the congressional interrogation of Gay and two other university presidents—but also the “financial leverage” of the Ackmans. In the past few years, “red” states have used the public purse to coerce state universities into quashing diversity initiatives and curbing the teaching of “divisive concepts” like race. But as New York University professor Rebecca Karl told me, the fact that this pressure is now being replicated at private universities through donor and trustee influence represents a “huge intensification, deepening and widening of the incursions” into academic freedom.
The repression of Palestine solidarity is at the heart of this shift. As Harvard historian Walter Johnson noted, in a reflection tellingly titled “Living Inside a Psyop,” the “interlocked campaign of financial, political, and reputational attacks on dissidents in American universities is seemingly designed to secure the inter-generational transfer of unquestioned support for Israel by producing object lessons illustrating the costs of speaking out.”
It’s ironic, if unsurprising, that this is taking place through the targeting of administrative diversity initiatives that critical scholars have long diagnosed not as Trojan horses for Marxist subversion but as devices for the “elite capture” of the radical movements. When diversity programs emerged within U.S. colleges and universities, explains Roderick Ferguson, author of the 2017 book We Demand: The University and Student Protests, it was amid an era of economic expansion, wherein corporations sought to “refashion themselves” according to the pressures of social movements: “to present as diversity-friendly” without supporting redistributive politics that could actually correct social inequalities. Now, however, diversity is falling out of fashion among certain sectors of the capitalist elite. And, as in Gay’s high-profile case, university diversity officers and administrators whose remit was not at all radical are now being maligned, often in racist and sexist terms, for betraying the vocation of their elite institutions.
Rufo’s invidious association of BLM and Hamas indicates that the culture war Right’s aim is to opportunistically fuse backlash against Palestine solidarity with its preexisting campaigns against anti-racist and anti-colonial movements. It’s an economical strategy, given both the genuine and long-standing links between these movements for liberation, and the ease with which centrist elites can be drawn into the unqualified defense of Zionism.
Crucial in recruiting centrists into these twin campaigns is a deep vein of anti-intellectualism. For the Right it takes the conspiratorial form of jeremiads—frequently antisemitic themselves—against “Cultural Marxism” and its American offspring, from “gender ideology” to intersectionality, which former Republican senator and now University of Florida President Ben Sasse has improbably depicted as “a religious cult that’s dominated higher education for nearly a decade with the shallow but certain idea that power structures are everything.”
We should not underestimate how much a phobia of “theory” serves to cement the convergence between the far Right and the center when it comes to the politics of academic life. The attack on DEI is not just a thinly veiled vehicle for historic resentments against affirmative action and the political legacies animating Black, ethnic, or gender studies departments. DEI is now explicitly presented as the enabler of anti-Zionist and pro-Palestine agitation on campuses (what Stefanik grotesquely misrepresented as calls for genocide) through the mediation of curriculum.
This narrative draws on older liberal ideologies while ultimately doing the work of the culture war Right. Witness an editorial penned by former Harvard Dean Harry R. Lewis, pointedly titled “Reaping What We Have Taught.” Lewis claims that “unapologetic antisemitism” (by which I presume he means calls for Palestinian freedom and an end to Israeli violence) is the result of how faculty “teachings are exploited by malign actors.” His evidence? Online searches revealing that the words “decolonize,” “oppression,” “liberation,” “intersectionality,” “social justice” and so on appear in the titles of numerous Harvard courses, testifying to a corruption of the curriculum by the “recent fashions of the progressive left.”
It’s revealing that ideas stemming from liberation and decolonization struggles more than half a century old should be declared “recent fashions,” when one might ask instead why they took so long to receive a scholarly hearing. But the right-wing perception that critical theory has corrupted elite universities is now echoed by centrist media as well, with The Atlantic blaming the “academic jargon” of “settler colonialism” for popularizing comparisons between the oppression of Indigenous people in Palestine and North America.
It’s no surprise that the emergence of broad coalitions of young people refusing complicity with imperialism, dispossession, and genocide are being met with a reconfiguration in the actions and discourses of power elites toward universities.
Frameworks like settler colonialism and intersectionality—which are not holy writ on the anti-racist and anti-colonial Left—have served, at their best, to bridge the demands of scholarship and the energies of activism. Conveniently ignoring their own politicization of academia, militant conservatives and their liberal allies denounce the scholar-activist as a dangerous chimera. As the communication theorist Moira Weigel has irreverently shown, right and center can come together not by developing theories about their adversaries but by condemning theory altogether. If we think of the ways in which superficial or misleading references to settler colonialism, intersectionality, or decolonization have been enlisted in the conjoined campaigns against DEI and Palestine solidarity, Weigel’s conclusions resonate: “Theory is good to hate with because the performance of hating theory defines the community engaging in it as empirical or natural, beyond debate, a fact.” This “community” is now bringing together liberals and conservatives who might otherwise not see themselves as sharing common ground.
We are witnessing the emergence of an ideologically incoherent but politically effective bloc around the repression of Palestine solidarity on North American campuses, straddling the militant Right and the liberal center. It disproportionately targets people of color and anti-Zionist Jews. It reveals the powerful uses to which anti-intellectualism can be put; how reactionary alliances can be built around the idea that institutions of higher learning are breeding grounds of seditious conduct. It’s no surprise that the emergence of broad coalitions of young people refusing complicity with imperialism, dispossession, and genocide are being met with a reconfiguration in the actions and discourses of power elites toward universities; half a century after the student revolts of the 1960s and ’70s, higher ed institutions remain crucial ideological battlefields. It seems that from Wall Street to Congress many are still muttering, like Richard Nixon on the Watergate tapes, “The professors are the enemy.”
In the shadow of the ongoing scholasticide in Palestine, these new coalitions between right-wingers and centrists will require that progressive forces use both analytical vigilance and strategic intelligence, as the terms of the liberal order fray and contentious politics takes centerstage in academic life and beyond.
The union representing Florida's professors said it would "stand in lockstep opposition to any and all so-called 'reforms' that will actually destroy our state's world-class degree programs and their ability to serve our students."
Taking aim yet again at higher education, Republican Florida Gov. Ron DeSantis on Tuesday proposed sweeping changes to the state's university system, including banning state funding for diversity, equity, and inclusion programs and critical race theory education, as well as forcing tenured professors to undergo reviews at any time.
Speaking during a press conference at the State College of Florida in Bradenton, DeSantis said he is asking the state Legislature to cut all funding for programs he believes are "ideological."
Referring to diversity, equity, and inclusion programs—which aim to promote fair treatment and full participation—and critial race theory, a graduate-level framework dealing with systemic racism, DeSantis said that "we're also going to eliminate all DEI and CRT bureaucracies in the state of Florida. No funding, and that will wither on the vine."
Apparently not satisfied with a state law requiring tenured professors at state colleges and universities to undergo reviews every five years, DeSantis also called for legislation that would subject such educators to reviews at any time, at risk of their jobs.
"Yes, we have the five-year review of all the tenured faculty, which is, which is good… and the board of trustees has to determine whether they stay or go. But you may need to do review more aggressively than just five," he said.
"I've talked with folks around the country who've been involved in higher ed reform, and the most significant deadweight cost at universities is typically unproductive tenured faculty," the governor added. "And so why would we want to saddle you as taxpayers with that cost if we don't have to do that?"
United Faculty of Florida (UFF), the union representing college and university educators in the state, said it would fight DeSantis' proposals.
"The United Faculty of Florida stand in lockstep opposition to any and all so-called 'reforms' that will actually destroy our state's world-class degree programs and their ability to serve our students," UFF President Andrew Gothard said in a statement. "We will not allow Florida's future to be sacrificed for cheap political points."
Writing for The Chronicle of Higher Education, Francie Diep and Emma Pettit contended that "it's been a dizzying month for higher ed in the Sunshine State."
As the authors explained:
The recent avalanche of activity began in late December, when DeSantis' office requested that state colleges and universities list their spending on programs related to diversity, equity, inclusion, and critical race theory. Florida's Republican House Speaker, Paul Renner, later asked the same campuses to turn over a mountain of additional DEI-related information.
DeSantis' office also requested that state universities report data on transgender students, and he appointed six new trustees to the New College of Florida's board because, according to his press secretary, the small liberal arts institution has put "trendy, truth-relative concepts above learning."
"What I find most troubling is that DeSantis is putting out a blueprint for other governors and state legislatures,” Kristen A. Renn—a professor at Michigan State University who researches LGBTQ+ college issues—told The Chronicle of Higher Education. "He's doing these things in ways that anybody else can pick this up and do it."
DeSantis—a potential 2024 presidential candidate—has also come under fire for other policies and actions including rejecting a college preparatory African-American studies course, banning unapproved books from K-12 libraries, and the Stop WOKE Act, a CRT ban that applies to schools from the primary through university levels and is meant to combat what the governor called "wokeness as a form of cultural Marxism."
Mia Brett, legal historian at The Editorial Board, last week compared Republicans' attacks on education across the country to similar moves by the leaders of Nazi Germany during the early months of their regime.
"I'm not being hyperbolic when I say this is directly out of Nazi laws passed in 1933. Though if this Republican effort is successful, you might not be able to learn things like that anymore," she wrote, adding that the legislation banning courses on CRT and racial and gender identity are a "chilling erosion of academic freedom and a huge step toward fascist academic control in the service of right-wing narratives."
"While it's still legal to teach history, remember where such efforts have led and take them seriously," Brett ominously warned.