“To build a worldview entirely in reaction to the excesses of one side is eventually to cooperate in the excesses of the other.”

Jonathan Chait makes this assertion in New York Magazine, writing on the hazards of Bari Weiss’s online newspaper The Free Press. This quote first helped me to understand how some traditional conservatives have gone so far as to support state intervention in public higher education, often justified by the excesses of the left.  These policies focus on what universities can teach, what offices they can fund, and how universities are governed; the range has been well tracked by PEN America and the Chronicle of Higher Education.

And so right wing activists like Chris Rufo and organizations like the James Martin Center for Academic Renewal have taken higher education head on, citing leftist excess. The point that I want to make here is that this movement itself has become incredibly excessive.

I have come to greatly respect the conservative political scientist Jonathan Marks who argued in a recent piece for The UnPopulist that “FIRE [Foundation for Individual Rights and Expression] does exceptional work in opposing repression in colleges but exaggerating the threat risks fueling right wing extremism.” We should also be cognoscente of arguments like those made by Amna Khalid and Aaron Jeffrey Snyder, who in a recent Banished piece point out excesses at places like American University, where attempts to keep students safe by banning indoor protests may not be consistent with the liberal democracy we espouse.

This project has attempted to damp down these excesses and to be self-aware of our own proclivities to mirror the excesses of the other. My own journey on this project, Democracy and the Politics of American Higher Education, has sought to engage critics on the right and to be open to acknowledging some of the excesses they have identified. In doing so, we have tried to open a dialogue amongst colleagues with differences on this issue to work towards a healthier, more open, and trusting higher education sector. I welcome your thoughts and contributions towards this end.

Eric Mlyn

Lecturer, Sanford School of Public Policy

Distinguished Faculty Fellow, Kenan Institute for Ethics

Director, Democracy and the Politics of American Higher

Education

PS: I want to express my most sincere thanks for the extraordinary work of Willow Kaplan and Amiya Mehrotra, two Duke undergraduates who have contributed to the conceptualization, writing, and organization of this newsletter, and to Kenan Institute for Ethics Program Coordinator Jac Arnade-Colwill for overseeing many aspects of this project.

Democracy and the Politics of American Higher Education held a conference on December 1 and 2, 2023, titled “American Politics and State Higher Education.”

Panels addressed the following topics:

Featured speakers included Tom Ross, the former President of the UNC System; Kevin Reilly, the former President of the Wisconsin System; and Pat Okker, the former President of the New College.

Though the hearings on January 6 by the House Committee on Education and the Workforce garnered national attention, resulting in the resignations of the presidents of Harvard University and the University of Pennsylvania, the activities of the Committee did not end there.  

Since then, the Committee has issued unprecedented subpoenas to Harvard to investigate how the university has handled antisemitism on its campuses. Harvard claims to have complied with the subpoena, but Committee Chair Rep. Virginia Foxx (R-NC) disagrees. 

The Committee is also investigating Columbia, MIT, and the University of Pennsylvania. On March 11, Penn Faculty for Justice in Palestine resisted, announcing their lawsuit against the University of Pennsylvania that aims to stop the institution from handing in documents to the Committee.

We bring this to light to show how the federal government is increasingly intervening in private higher education and how members of those universities have differently responded. 

On January 11, Rep. Virginia Foxx (R-NC), Chair of the House Committee on Education and the Workforce, introduced H.R. 6951: the College Cost Reduction Act. The Bill addresses a number of conservative higher education priorities, including: 

Institutions with a track record of stimulating social mobility by boosting the earnings of low-income graduates would receive additional federal funds. Here is a fact sheet on the Bill published by the Committee.

Republicans view this Bill as an essential step in combating ballooning tuition costs and holding higher education accountable. Furthermore, Republicans favor this Bill’s further restrictions on schools’ access to federal funding. 

On the other hand, many Democrats and left-leaning education organizations view the Bill as an impediment to access and believe that it will decrease affordability, particularly for first-generation and low-income students. For instance, this policy has the potential to disincentivize institutions from enrolling those or other disadvantaged students because they face a higher likelihood of struggling to pay back their loans on time. 

Numerous organizations have released statements expressing concern that this legislation will in fact raise the cost of college by “restricting access to federal student aid and affordable loan repayment plans.” Other opponents, like the American Association of Community Colleges, challenge how the Bill measures value by the financial earnings of graduates.

In its letter of opposition, the American Council on Education writes: “The value of higher education, however, encompasses more than the economic return on the student’s investment … Simply put, value cannot be summed up in an equation.” 

Further reading on this topic:

Amiya Mehrotra
Duke University Class of 2024

A recent webinar hosted by the Coalition for Carolina provided a platform for two former UNC Presidents, Margaret Spellings and Tom Ross, as well as the co-chairs of the Commission on the Governance of Public Universities in North Carolina, to share their insights on higher education governance, specifically within the UNC system.

The bipartisan Commission, established by North Carolina Governor Roy Cooper, underscores the importance of political diversity in governing boards. Recommendations include creating a higher education database for pre-screening and bolstering transparency through various means, such as online meetings and cross-communication between boards.

Tom Ross, who served as UNC System President from 2011 to 2016, shed light on the increasing politicization of leadership appointments, noting his own departure due to past political affiliations. He stressed the need for governance reflective of North Carolina's diverse populace, advocating for measures that would enhance transparency and ensure board members' understanding of their roles.  

Margaret Spellings, who led the UNC System from 2016 to 2019, also highlighted the imperative for governance to mirror the state's diversity. She advocated for extending board terms to foster stability and emphasized the need to be open to individuals with diverse backgrounds and management experience. 

Despite the Commission’s recommendations, Ross and Spellings acknowledged the slow pace of implementation due to politicization, underscoring the importance of a long-term strategy. The event provided a comprehensive perspective on the intricate balance between politics, governance, and academic integrity within higher education.

Willow Kaplan
Duke University Class of 2026

Derek Bok, the former longtime president of Harvard University and prolific author on higher education has just come out with a new book, “Attacking the Elites: What Critics Get Wrong—and Right—About America’s Universities” (Yale University Press, 2024). We bring this book to your attention because it is simultaneously balanced, comprehensive, and fair, yet also sometimes naively defensive of elite American higher education.  

Perhaps Bok sacrifices boldness for fairness in this textbook-like account and summary of recent controversies in elite higher education, many of which we have featured.

Bok transparently entertains both sides of higher education’s most salient and controversial issues, including DEI, legacy admissions, academic freedom, and the role of sports.  

Most importantly from our perspective, Bok does take on critiques of higher education and wonders, as we do, why our sector has been so silent—“except when directly challenged in the courts.” He argues that “the failure to respond more vigorously ...  increases the risk of further interventions that could seriously hamper [universities'] ability to carry out their essential functions.”

Bravo to that, as we echo this call. Left and right alike will find this book to be smart and slightly infuriating, which makes it a must read.

We present here some articles we have found of interest.

 

 

 

 

 

Duke Law Campus Speech Database – First Amendment Clinic

Duke Law’s Campus Speech Database, run by the First Amendment Clinic, tracks speech issues on U.S. campuses. It seeks to provide a comprehensive overview of such speech issues and offers a form to report new incidents. 

DEI Legislation Tracker – Chronicle of Higher Education 

The Chronicle tracks legislation related to DEI offices, staff, and procedures in higher education. They are currently tracking 81 bills in 28 states and the US Congress.

Democracy and the Politics of American Higher Education gathers faculty, administrators, and members of the public to reflect on how the university should respond to ongoing threats towards democratic values and principles. We critically examine the current political debates surrounding higher education to identify areas for intervention. We also embrace a view of the university as a place where different ideas come together, and we seek to promote democracy on our campuses while remaining non-partisan and engaging a diverse range of viewpoints.

Democracy and the Politics of American Higher Education is a program of the Kenan Institute for Ethics.

Kenan Institute for Ethics at Duke University
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102 West Duke Building
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