We were thrilled to have the opportunity to talk to PEN America’s Jeremy Young about what a second Trump administration holds in store for higher education. It was an informative—and sobering—conversation. Over the next four years, we should be prepared for a tsunami of ideologically-driven threats to academic freedom, campus free expression and the basic integrity of higher education. If you would rather read than listen, there is a transcript attached below. Show Notes PEN America’s *Educational Censorship* page is a terrific resource On Christopher Rufo, see Benjamin Wallace-Wells, “How a Conservative Activist Invented the Conflict Over Critical Race Theory,” New Yorker, June 18, 2021 and Michael Kruse, “DeSantis’ Culture Warrior: ‘We Are Now Over the Walls,’” Politico, March 24, 2023. For Rufo’s take on critical race theory, in his own words, see this YouTube video. Here is the full text of Executive Order 13950, which became the template for most of the anti-CRT (or “divisive concepts”) laws passed in red states. On the Stop WOKE Act, the marquee anti-CRT law signed into law by Florida Governor Ron DeSantis in 2022, check out these two Banished episodes: The Sunshine State Descends into Darkness (Again) Will Florida's "Stop WOKE Act" Hold Up in Court? Jeffrey Sachs and Jeremy Young predict the future: “For Federal Censorship of Higher Ed, Here’s What Could Happen in 2025” (PEN America, January 2, 2025) For more on the phenomenon of “jawboning,” see this page from FIRE and this page from the Knight First Amendment Institute On “anticipatory obedience,” see this excerpt from Timothy Snyder’s 2017 book, On Tyranny On legislative challenges to campus DEI, see the Chronicle of Higher Education DEI Legislation Tracker. (We are quite skeptical of many conventional DEI efforts but state bans are a cure that is far worse than the disease ) For a deeper dive on accreditation, see Eric Kelderman, “Trump’s Vision for College Accreditation Could Shake Up the Sector” (Chronicle of Higher Education, November 26, 2024) On Title VI investigations by the Office of Civil Rights, see Zach Montague, “Campus Protest Investigations Hang Over Schools as New Academic Year Begins” (New York Times, October 5, 2024) Here is the International Holocaust Remembrance Alliance definition of antisemitism. Kenneth Stern, one of the definition’s main authors, explains why he is concerned it is being used to promote campus censorship On the prospect of a much heftier endowment tax for the country’s wealthiest institutions, see Phillip Levine, “How Trump Could Devastate Our Top Colleges’ Finances” (Chronicle of Higher Education, January 13, 2025). Levine addresses the normative question—should college endowments be taxed?—here. Transcript Jeff: So, we're looking forward to a second Trump administration. Jeremy: Are we looking forward to a second Trump administration? Amna: No…towards. Jeff: We are anticipating…I personally am dreading a second Trump administration. Amna: This is Banished and I'm Amna Khalid, along with my colleague Jeff Snyder. Jeff and I were delighted to have the chance to catch up with PEN America's Jeremy Young at the recent American Historical Association conference in New York City. He's one of the most informed and astute analysts of government driven censorship in higher education today. We started by asking him to tell us a little about PEN America. Jeremy: PEN America is a 102 year old organization that exists at the intersection of literature and human rights. It is one of 140 PEN centers around the world which are in a loose network of PEN Centers governed by PEN International. PEN America's mission is to celebrate literature and defend the freedoms that make it possible, of which two of the foremost are academic freedom and freedom of expression. Amna: And what's your specific role? Jeremy: I am the Director of State and Higher Education Policy at PEN America, which means that I oversee our Freedom to Learn program, which leads actions and responses to educational censorship legislation, largely from the state governments, but also from the federal government. Things like DEI bans, critical race theory restrictions, and various other types of restrictions on faculty governance and university autonomy. Amna: We're eager to hear your predictions on what the higher ed sector should be bracing for with the second Trump administration. But first, Jeremy, could you please remind us of the nature of the attacks against higher education during Trump 1.0? Jeremy: In the summer and fall of 2020, this really happened late in the first Trump administration, there was a national panic around critical race theory, and this was created by Chris Rufo and some others really as a response, a backlash, if you will, against the George Floyd protests, the Black Lives Matter movement, the popularity of the 1619 Project, and so on, this sort of moment of racial reckoning. And so Rufo and others (Rufo is a fellow at the Manhattan Institute) decided to use this term critical race theory, which of course is an academic term with a particular set of meanings but to, as he put it, decodify and recodify it, essentially weaponize it to mean things that weren't all that connected to the actual theory of critical race theory and were really just a sort of catchall for criticisms of DEI and other race-based pedagogies and ideas. And so Rufo was able to convince president Trump to issue an executive order 13950 called Race and Sex Stereotyping that laid out a list of nine divisive concepts which bore some passing resemblance to critical race theory, but really were vague, and general, and banned all sorts of practices related to race, gender, and identity, and ideas related to race, gender, and identity that were unclear and difficult to interpret. Originally, this was a restriction aimed solely at trainings in government agencies…the executive order never went into effect. It was stayed by a court and repealed on the first day of the Biden administration. But that language of the divisive concepts then began to appear in state legislatures aimed now squarely at education. At first, at K-12 institutions primarily, and over time, higher education became more and more of the target. In 2023, we started to see a shift toward sort of broad spectrum attacks on higher education, moving away from some of the direct speech restrictions of the critical race theory bans, in part because of court cases that had gone adversely for those restrictions, and instead restricting broad swaths of university governance, including DEI offices, the ability of a university to manage diversity work on its own as a sort of shared governance function, tenure restrictions on faculty governance, restrictions on curriculum, which I think are going to be very prominent in 2025. Amna: You mentioned backlash to the 2020 racial reckoning as a key factor driving the anti-CRT movement. Can you say something more about where this opposition to CRT and now DEI is coming from? Jeremy: I think that there are several causes that are inseparable from one another. I think there are people who actually do want to restrict those particular ideas on campus, who want to advance a sort of triumphalist Western canon narrative of America as the victor, and they're just very opposed to any discussions that paint the United States in any way that is not hyper-patriotic and perfect. There's absolutely some racism, some sexism, some, some discrimination, discriminatory bias that's involved. I also think that there is a real desire to simply crush university power that I think comes out of the educational realignment that we have seen over the last 10 years. Kamala Harris won college educated Americans by 14 points, and four years ago, Joe Biden won them by four, and prior to the 2016 election, there was essentially no difference between the parties, really, at any time in American history on the axis of college education. There is now a sense I think among some conservative forces that instead of the long-time conservative project of reforming universities, having more viewpoint diversity, think of the Koch Centers in various institutions. Instead they're a place where liberals go to get educated, so we should just crush them, right? So I think that's part of it. It's just the goal of taking away universities’ autonomy on everything is a key component. And the third component is political gain. And that is the one that has fluctuated the most over this period. Glenn Youngkin won a come from behind victory running on criticizing critical race theory in K-12 schools. And Steve Bannon said in 2021, I think about critical race theory and I see 50 new House seats in the midterm elections. Now, when that didn't happen, I think it began to become clear that these attacks are not as salient as they were thought to be. I think in 2023 and 2024, there was a real move away from that, especially with, also with the collapse of the DeSantis presidential campaign, which was built entirely around this idea of him being, fighting the war on woke. There was a sense that, maybe you still want to do these things, but now it's going to be quiet, it's going to be stealth mode, because there's no political gain to be gotten from having a big press release around this, around the Stop WOKE Act. But the other two motivations, the motivation of restricting certain ideas about race; and the motivation of smashing the power of higher education, those have remained constant. Jeff: Very succinct and helpful. Thank you. You and your colleague Jeffrey Sachs recently wrote an informative and sobering piece about Trump’s plans for higher ed in 2025 and beyond. Maybe you could tell us a little about your key predictions. The first one you mention is jawboning. What is jawboning and why should we be worried about it? Jeremy: Jawboning, put simpl
