An Open Letter to College and University Trustees and Regents: It’s Time to Adopt Institutional Neutrality

The Academic Freedom Alliance, Heterodox Academy, and the Foundation for Individual Rights and Expression are nonpartisan organizations dedicated to defending and advancing freedom of speech and open inquiry in higher education.


We stand together in sending this entreaty to college and university trustees and regents across the country during this time of growing national concern about the fate and security of free thought on campuses.


It is time for those entrusted with ultimate oversight authority for your institutions to restore truth-seeking as the primary mission of higher education by adopting a policy of institutional neutrality on social and political issues that do not concern core academic matters or institutional operations.


In recent years, colleges and universities have increasingly weighed in on social and political issues. This has led our institutions of higher education to become politicized and has created an untenable situation whereby they are expected to weigh in on all social and political issues.

Most critically, these stances risk establishing an orthodox view on campus, threatening the pursuit of knowledge for which higher education exists.


As the University of Chicago’s famous Kalven Report of 1967 states, a policy of institutional neutrality is premised on the defining mission of the university: to pursue truth through “the discovery, improvement, and dissemination of knowledge.” And to accomplish this mission, “a university must sustain an extraordinary environment of freedom of inquiry and maintain an independence from political fashions, passions, and pressures.”


Furthermore, the report recognizes, “There is no mechanism by which [the university] can reach a collective position without inhibiting that full freedom of dissent on which it thrives.” In short, individual faculty members and students are the “instrument of dissent and criticism.” The university, on the other hand, “is the home and sponsor of critics.”


Where to draw the line between institutional neutrality and position-taking is a matter of careful prudential judgment. But, as the Kalven Report notes, there should be “a heavy presumption against the university taking collective action or expressing opinions on the political and social issues of the day.” Smart observers will recognize good faith efforts to apply this principle.


A useful maxim to guide decision makers is “if an academic institution is not required to adopt a position in order to fulfill its mission of intellectual freedom or operational capacity, it is required not to adopt a position.” (See, e.g., Princeton Principles for a Campus Culture of Free Inquiry.)


For a neutrality principle to work, it must be publicly announced and adhered to on a consistent and faithful basis. Making an exception inexorably leads to pressure to make others and to allegations of bias.


Critically, institutional neutrality applies only to leaders and units of the institution. This is true not only for the central administration, but also for the units of the university, such as schools, departments, centers, and programs. It does not apply to faculty members and students (i.e., the “critics”), either individually or as members of voluntary, non-institutional associations.


Given the need to prepare for the execution of an institutional neutrality policy, we call on you, the trustees and regents of America’s colleges and universities, to publicly adopt such a policy by the beginning of the 2024-25 academic year.


We and the nation are watching campus events with keen interest and would applaud this fulfillment of your fiduciary duty.



         

Where Liberty and Learning Endure

June 29, 2026
As America commemorates 250 years of independence, we reflect on the enduring principles of liberty and learning that have defined Davidson College for nearly two centuries.

Bankruptcy and Higher Education

June 21, 2026
By Todd Zywicki The Wall Street Journal June 21, 2026 Auburn University is known for its agricultural and STEM programs, its flight school and athletic programs. But the land-grant university recently became notable for another reason: The board of trustees is taking control of the school back from its faculty. The board began seizing the university’s academic programs—including curriculum, course offerings, degree requirements and academic credentials—at its June 5 meeting. The board also dissolved the faculty senate and replaced it with an advisory council to the president, which includes two faculty members from each of the university’s colleges and additional members appointed by the president. The board’s assertion of authority mirrors incoming mandates by the Alabama Legislature restricting the role of faculty senates in the state’s public university system. Predictably, Auburn’s faculty has responded with howls of outrage, decrying these intrusions on the faculty’s authority over academic operations. How could outsiders appointed through a political process have the expertise to make such delicate decisions? I’ve been a professor at a state university for almost 30 years, and I am sympathetic up to a point. But before becoming a professor I was a bankruptcy lawyer. And bankruptcy law teaches an important lesson for how academia can respond to this moment. Bankruptcy gives businesses an opportunity to admit mistakes, reform and emerge stronger. Successful enterprises don’t need bankruptcy lawyers. But when an enterprise loses its way, it goes into receivership. Most universities aren’t financially bankrupt but have lost their mission and direction. Society has long recognized certain institutions’ authority to manage their own affairs. Two notable examples are licensed professionals—such as doctors and lawyers—and universities. Universities, even state universities, have run their enterprises with minimal external oversight. Faculties enjoyed substantial rights of self-governance because they committed to higher standards than those required by ordinary jobs. Professors would establish and maintain standards of scholarly integrity, freedom of speech and inquiry, and rigorous dedication to merit-based assessment of research in specialized areas. They policed their own house, enforcing norms of truth-seeking, maintaining scholarly integrity and rigor, and ensuring that students emerged with basic knowledge, employable skills and civic competency. But over the past several decades, commitment to those values collapsed. Surveys by the Foundation for Individual Rights and Expression consistently reveal fear among students and faculty around expressing unfashionable ideas. Universities have seen shout-downs, cancellations and even violence against speakers. Merit and quality yielded to “diversity” and “equity.” Truth-seeking has been displaced by faddish theories and ideologically charged teaching and research. Professors design esoteric departments and teach niche classes to cliques of activist students while the needs of other students and taxpayers for real education go unaddressed. Like companies I represented, universities have lost their way. And many have proved either unable or unwilling to self-correct. When that happens, it is appropriate to put institutions into receivership until they reform and rededicate themselves to their mission. At Auburn incoming students must now take certain required civics and history courses to master basic competency in U.S. history and government. To ensure the classes actually meet that objective, professors will have to make their syllabi publicly available. In the classroom, instructors will be expected to stick to the matter at hand and avoid free-ranging political punditry. Just as other companies can learn from the ones that go bankrupt, other institutions of higher education can learn something from Auburn: Fix what’s broken, or someone else might fix it for you. Mr. Zywicki is a professor at George Mason University’s Antonin Scalia Law School. He was a Dartmouth College trustee, 2005-09. https://www.wsj.com/opinion/bankruptcy-and-higher-education-4c2b178e

Race Preferences Are Falling Nationwide

June 19, 2026
By the Editorial Board The Wall Street Journal June 19, 2026 The Supreme Court’s 2023 ruling against racial preferences is turning out to be a landmark with profound consequences as its influence spreads. On Thursday the famously progressive Wisconsin Supreme Court ruled unanimously that a state program that issued scholarships based on race violates the U.S. Constitution. Justice Annette Ziegler wrote for the court that the Constitution requires “that every person ‘must be treated based on his or her experiences as an individual—not on the basis of race,’” and that the state cannot “use race as a factor in affording educational opportunities among its citizens.” That must have been painful for the activist liberal majority on the court. In a concurrence, Wisconsin Chief Justice Jill Karofsky took some shots at Students for Fair Admissions v. Harvard College (2023) before acknowledging that “I am bound by the precedent set forth in SFFA” and other Supreme Court rulings “when interpreting the Fourteenth Amendment.” The case was brought by the Wisconsin Institute for Law and Liberty against a 1985 Badger State law that reserved need-based scholarships through a grant program for “Black American,” “American Indian,” “Hispanic” and some Southeast Asian undergraduate students enrolled in Wisconsin’s private and technical colleges. Last week the Iowa Supreme Court ruled that a scholarship program earmarked for black University of Iowa students studying physical sciences was “impracticable” under SFFA. State governments would be wise to repeal these discriminatory grant programs, or the courts will do it for them.
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