[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 282 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. RES. 282
Expressing that compelled political litmus tests used by public
institutions to require individuals to identify with specific
ideological views are directly at odds with the principles of academic
freedom and free speech and in violation of the First Amendment of the
Constitution.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2023
Mr. Murphy (for himself and Mr. Bishop of North Carolina) submitted the
following resolution; which was referred to the Committee on Education
and the Workforce
_______________________________________________________________________
RESOLUTION
Expressing that compelled political litmus tests used by public
institutions to require individuals to identify with specific
ideological views are directly at odds with the principles of academic
freedom and free speech and in violation of the First Amendment of the
Constitution.
Whereas in Sweezy v. New Hampshire in 1957, the Supreme Court wrote that, ``The
essentiality of freedom in the community of American universities is
almost self-evident . . . To impose any strait jacket upon the
intellectual leaders in our colleges and universities would imperil the
future of our Nation . . . Teachers and students must always remain free
to inquire, to study and to evaluate, to gain new maturity and
understanding; otherwise, our civilization will stagnate and die.'';
Whereas 10 years later in Keyishian v. Board of Regents, the Supreme Court
further elaborated on Sweezy and declared that academic freedom ``is a
special concern of the First Amendment, which does not tolerate laws
that cast a pall of orthodoxy over the classroom.'';
Whereas in Healy v. James, the Supreme Court held that ``[T]he precedents of
this Court leave no room for the view that, because of the acknowledged
need for order, First Amendment protections should apply with less force
on college campuses than in the community at large. Quite to the
contrary, `the vigilant protection of constitutional freedoms is nowhere
more vital than in the community of American schools.''';
Whereas in West Virginia State Board of Education v. Barnette, the Supreme Court
held that the First Amendment prohibits the Government from compelling
an individual to engage in speech, writing that, ``if there is any fixed
star in our constitutional constellation, it is that no official, high
or petty, can prescribe what shall be orthodox in politics, nationalism,
religion, or other matters of opinion or force citizens to confess by
word or act their faith therein.'';
Whereas many colleges and universities require or invite current or prospective
faculty to demonstrate their commitment to diversity, equity, and
inclusion (DEI), often through a written statement that factors into
hiring, reappointment, evaluation, promotion, or tenure decisions;
Whereas ideologically motivated and required DEI statement policies can too
easily function as litmus tests for adherence to prevailing ideological
views on DEI, penalize faculty or applicants for holding dissenting
opinions on matters of public concern, and ``cast a pall of orthodoxy''
over the campus that the Supreme Court warned against in Keyishian;
Whereas a survey by the American Association of University Professors of
hundreds of colleges and universities found that more than one-fifth of
higher education institutions include DEI criteria in tenure standards,
and of the institutions that do not include such DEI criteria, nearly
half indicated they are considering adding such criteria in the future;
Whereas a survey by the American Enterprise Institute of academic job postings
found that nearly 20 percent required DEI statements;
Whereas the First Amendment to the Constitution prohibits public universities
from compelling faculty to assent to specific ideological views or to
embed those views in academic activities;
Whereas in order to push favored views, colleges and universities are increasing
the number of faculty dedicated to programs and initiatives to support
these ideological views;
Whereas the Heritage Foundation found that large public universities averaged 45
DEI personnel, while other departments in universities are understaffed
by comparison, and this proliferation of DEI administrators and
prioritization of DEI adherence in personnel decisions places importance
on adherence to a social movement rather than on education and serving
students;
Whereas medical schools are also probing student applicants on their views on,
or experience in, DEI efforts, and this overt test on identity politics
for medical school admissions has been found in 36 of the top 50 medical
schools;
Whereas demanding that students endorse specific beliefs or face roadblocks in
their education is an appalling action from professional schools and far
from the meaning of academic freedom; and
Whereas colleges and universities are also prioritizing ideological programming
for students over programming to support viewpoint diversity, and
according to a report from Speech First, in the 2021-2022 school year,
90 percent of college freshman orientation programs focused on DEI as a
topic, while only around 30 percent of orientation programs reviewed
free speech or viewpoint diversity: Now, therefore, be it
Resolved, That the House of Representatives--
(1) condemns public institutions of higher education for
conditioning admission to any student applicant, or the hiring,
reappointment, or promotion of any faculty member, on the
applicant or faculty member pledging allegiance to or making a
statement of personal support for or opposition to any
political ideology or movement, including a pledge or statement
regarding diversity, equity, and inclusion, or related topics;
and
(2) discourages any institution from requesting or
requiring any such pledge or statement from an applicant or
faculty member, as such actions are antithetical to the freedom
of speech protected by the First Amendment.
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