Federal Rules Target Speech In The Higher Education Sector

The Trump Administration recently published rules restricting certain speech around diversity and inclusion, targeted in part at federal contractors and those receiving federal grants. Colleges and universities have long been on the forefront of pursuing racial and social justice.  Going forward, however, institutions will need to recognize how the new rules impact those efforts, including understanding what can and cannot be said when delivering workplace training. The new rules include (1) President Trump's Executive Order 13950 titled “Combating Race and Sex Stereotyping,” and (2) the Department of Education's new regulations and enforcement efforts to implement Executive Order 13864, which directly requires colleges and universities to adhere to free speech principles as they relate to the free practice of religion as a condition of receiving Department of Education grants.