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The Trump Administration Can鈥檛 Force Colleges to Further Its Anti-Muslim Agenda

Betsy Devos
Betsy Devos
Nicola Morrow,
Paralegal,
老澳门开奖结果 Speech, Privacy, and Technology Project
Heather L. Weaver,
Senior Staff Attorney,
老澳门开奖结果 Program on Freedom of Religion and Belief
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September 27, 2019

In a move that would make even Senator McCarthy blush, the Trump administration is threatening to pull federal funding from a Middle East Studies program for failing to toe the government鈥檚 line on Islam and Muslims.

Last week, Betsy DeVos鈥檚 Department of Education sent a to administrators of the Duke-UNC Consortium for Middle East Studies 鈥 a jointly run program that receives federal funding under Title VI of the Higher Education Act 鈥 warning that the department would cut the Consortium鈥檚 federal aid unless the Consortium submits plans to remake its Middle East studies program and curriculum to the department鈥檚 satisfaction. Among other complaints, the department demanded that the Consortium temper its portrayal of 鈥渢he positive aspects鈥 of Islam and cease 鈥渁dvancing ideological priorities.鈥

The department鈥檚 attempt to inject the Trump administration鈥檚 long pattern of anti-Muslim bigotry and discrimination into higher education represents a significant threat to academic freedom at colleges and universities like UNC and Duke. In response, the 老澳门开奖结果 sent a letter today urging Secretary DeVos to end the department鈥檚 investigation into the Consortium and to prevent future attempts to politicize federal funding for higher education. We also filed a Freedom of Information Act request for records related to the department鈥檚 decision to investigate the Consortium as well as any similar investigations the department may have undertaken at other educational institutions that receive Title VI funding.

The origins of the Education Department鈥檚 investigation are as troubling as the letter itself. In June, Secretary DeVos an inquiry into whether the Duke-UNC Consortium misused its Title VI funds to sponsor a conference on the Gaza conflict, after a member of Congress the conference of 鈥渞adical anti-Israel bias.鈥 As it turned out, less than of federal funds were spent on the event. When this allegation didn鈥檛 stick, it appears that the department 鈥 not content to let the matter rest 鈥 scoured the Consortium鈥檚 programming to ferret out other objectionable viewpoints and purported deficiencies.

The department identifies a number of ways in which the Consortium supposedly violates the Title VI funding requirements, not only complaining about the curriculum鈥檚 inclusion of 鈥減ositive aspects of Islam鈥 but also accusing the Consortium of inappropriately 鈥渁dvancing ideological priorities.鈥 As we explain in our letter to Secretary DeVos, however, it is the Department of Education 鈥 not the Consortium 鈥 that inappropriately attempts to advance ideological priorities

Although the government may attach certain conditions to the use of federal funding 鈥 such as compliance with statutory and constitutional requirements 鈥 the proud boast of our universities is that they are free from the ideological micromanagement of the government censor. Title VI does not, and cannot, authorize the government to require federal funding recipients to de-emphasize the 鈥減ositive aspects of Islam鈥 to the Department鈥檚 satisfaction. The Department鈥檚 assumption of such authority threatens core constitutional principles protecting freedom of speech and freedom of religion.

This ham-fisted attempt to wield funding authority over the Consortium鈥檚 academic programming illustrates yet again the Trump Administration鈥檚 deep-seated anti-Muslim bias. It should also be alarming to anyone who cares about academic freedom, a bedrock principle of higher education.

Higher education institutions throughout the country are now on false notice that federal funding requires conformity to the Trump administration鈥檚 ideological standards. The Department鈥檚 ultimatum issued to the Consortium will no doubt have a chilling effect on these institutions as they determine the curricular content of federally funded programming. That鈥檚 why we鈥檙e asking Secretary DeVos to terminate the Department鈥檚 investigation into the Duke-UNC Consortium and to take affirmative measures to prevent similar politicized investigations in the future.

Colleges and universities are under no obligation to further the administration鈥檚 anti-Muslim agenda. The government has a constitutional obligation to respect that.

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