Can ‘Fear Equity’ Revive Campus Free Speech?

For most of the past decade, many professors lived in fear of challenging progressive beliefs on elite college campuses, beliefs that, as linguist John McWhorter argues, have often attained religious status. Saying the wrong word, or liking the wrong social media post, perhaps especially if one was a vocal member of an unfashionable minority, like Jews, could evoke ostracism from peers and even Twitter mobs demanding termination, followed by star chamber hearings led by unaccountable administrators.

This was an inevitable consequence of ever-expanding conceptualizations of what constituted “harm” and various -isms (racism, sexism, etc.). University mandates requiring investigations for accusations of “harm” or “bias” inevitably incentivized some progressives, who are overrepresented in academia, to weaponize bureaucratic procedures to denounce, demonize and punish those they saw as violating sacred values. Greg Lukianoff, the president of the Foundation for Individual Rights and Expression, reports that more professors were terminated for speech “offenses” in 2014–2023 than in the entire McCarthy era.

The 2024 FIRE Faculty Survey found that 14 percent of the approximately 5,000 respondents reported having been disciplined or threatened with discipline by their institutions for their teaching, research or other speech. If that response generalizes to the population of American faculty, it means there have been tens of thousands of such investigations (or threats) over the last 10 years.

The sense of fear was wildly inequitable, with far more conservatives than liberals reporting self-censoring. American universities suffered a decade of cancellations, terminations, harassment and even the odd death threat from the far left.

Fear Equity?

Now, thanks to the Trump administration’s—in our view questionable—policies regarding academia in general and elite institutions like Columbia and Harvard Universities in particular, policies that many plausibly view as political vengeance for leftist activism, higher education is rapidly approaching fear equity: The presidential right has joined the campus left in using intimidation to punish those whose speech they dislike. Now, everybody in academia gets to be afraid of being canceled, or at least having their grants canceled. Noncitizen students and faculty also have to fear being deported for expressing views that the Trump administration opposes. Conservative and centrist academics still have good reasons to fear their colleagues and students, as they have since 2014, but now, progressive peers have similar reasons to fear whatever comes next out of Washington.

Is this an opportunity for free speech advocates? At first glance, it seems not. The solution to erosion of protections for heterodox free speech and academic freedom cannot possibly be vengeful restrictions on progressive speech. That is the road to expanding authoritarianism and eroding free speech environments for all, a tendency many current leaders in Washington would seemingly welcome.

Academia’s Failure to Protect Nonprogressive Speech

Nonetheless, academia’s record of restraining the censoriousness coming from within its ranks over the last decade has been abysmal. The American Association of University Professors, once a nonpartisan bulwark against censorship, jettisoned its principled support for free speech in focusing almost entirely on threats from the right while, in higher education, our (and AAUP’s) primary concern, most censorship came from the left. The AAUP’s recent statements endorsing the use of DEI criteria in hiring and promotions and the legitimacy of academic boycotts are seemingly designed to cement progressive orthodoxy over the professoriate.

In just months, President Trump has demonstrated the error of AAUP’s “free speech for me but not for thee” positions, as Nat Hentoff put it in his book of that title. Of course, it remains to be seen whether the AAUP will interpret this as “time to take principled stances for speech and academic freedom for all of our faculty” rather than “Trump is evil incarnate, so we should double down on imposing progressive politics.”

The last 10 years have been disastrous for free speech on campus. As Occidental College professor and Free Black Thought cofounder Jake Mackey recently wrote in “The last four years were the most repressive of my lifetime,” “It was fear of retaliation from the left, not from a fascist leader, that caused me to lay awake at night on more occasions than I can count, terrified that a student might have misinterpreted something I said in class and initiated a cancelation campaign against me.”

Polling data bear this out, as Sean Stevens and his coauthors report in “Ostrich Syndrome and Campus Free Expression,” a chapter in our co-edited book, The Free Inquiry Papers (AEI Press, 2025). Conservative professors are more than twice as likely as liberal peers to report self-censoring. This is a rational response to reports showing that, within academia, “cancellation” attacks—attempts to punish faculty for their speech—are more likely to come from their left than their right. Risking one’s livelihood is not usually worth it.

There is also evidence raising the possibility that support for censorship and for antisemitism was spread in part through shadowy foreign donations. A 2024 report, which one of us (Jussim) co-authored, found that universities underreported billions of dollars in funding from foreign sources (revealed after a Department of Education investigation). Worse, receipt of funding from authoritarian regimes and from member states of the Organization for Islamic Cooperation was statistically associated with deterioration of free speech and heightened antisemitism on campus.

Follow-up research in progress is examining the hypothesis that this foreign financial assistance helped organize anti-Israel student groups and whole academic departments. As Lukianoff reported in “How Cancel Culture Destroys Trust in Expertise” at the recent Censorship in the Sciences conference held at the University of Southern California, protests by such groups were almost “exclusively responsible” for disruptions of campus speakers in 2024, which he called “the worst year we know of in history for campus deplatforming.” (To its credit, FIRE protects the rights of both pro- and anti-Israel speakers.)

Notably, some campuses are far worse on free speech than others. A FIRE faculty survey released last December revealed that a remarkable 63 percent of Columbia faculty reported self-censoring at least occasionally; they identified the Israel-Hamas conflict as the most difficult issue to discuss on campus, with affirmative action second. That the far left has imposed a regime of denunciation and fear on many college campuses is beyond doubt.

Trump’s Attacks on Free Speech and Academic Freedom

But under President Trump, the right is making up for lost time. The Trump administration’s attempt to cut indirect costs on grants could be viewed as a genuine attempt to reduce wasted tax dollars. However, given that they have not reported any analysis of how indirects are used, many see this as a straightforward attack designed to cut academia down to size for its leftist politics. The administration has also disrupted the academic study of topics related to diversity, equity, inclusion, prejudice, inequality and oppression by defunding almost every grant to study these important issues. While faculty are not entitled to federal grant dollars and the federal government has the legitimate right to set funding priorities, the Trump administration has also attempted to ban any funding on any topic from universities that have DEI programs that the administration believes engage in discrimination. These policies will chill academic discourse.

Furthermore, even if ultimately found to be legal (which we doubt), the Trump administration’s targeting for deportation of immigrants who have allegedly expressed support for Hamas further retards the robust exchange of ideas on campus. And these efforts are succeeding; the rapid capitulation of institutions such as Columbia to Trump’s demands has been dubbed “The Great Grovel” by Politico.

Toward the Rediscovery of Principled Defenses of Speech and Academic Freedom

Is it possible that the new fear equity, with both left and right afraid to speak their minds, may be a necessary precondition to pave the way for a free speech renaissance? There is historical precedent for this possibility. It would be a mirror image of the way that McCarthy-era repression set the stage for a raft of Supreme Court cases that dramatically strengthened legal protections for free speech. Yet judges cannot be everywhere and lawsuits cannot change culture.

Now that censorship is bipartisan, both the left and right have incentives to rediscover principled defenses of free speech, including for their opponents. As James Madison counseled in Federalist Paper No. 51, the best protection of freedom is self-interest, and now, on free speech, all sides have it. Alternatively, to take a more positive view centered on political education, it may take having one’s own speech threatened, or that of one’s allies, before one fully understands the value of constitutional protections of free speech and institutional protections of academic freedom.

An Action Agenda

What can be done to reinvigorate a culture of free and open inquiry, debate, and speech on America’s college campuses? Quite a lot. Last year, as reported here, House Republicans passed a horribly titled (“End Woke Higher Education Act”) but conceptually sound campus free speech bill prohibiting ideological litmus tests in faculty hiring and institutional accreditation, protecting the rights of faith-based groups to determine their membership and assuring that speech limitations cannot be selectively enforced, as when conservative or pro-Israel speakers must pay “security fees” waived for liberal or pro-Palestine speakers. Just four Democrats voted yea and the then-Democratic Senate showed no interest. (In fairness to Senate Democrats, the House bill passed near the end of the congressional session.) Sponsor Burgess Owens, Republican of Utah, is expected to reintroduce the bill, and given Republican majorities in the House and Senate and Democrats’ newfound interest in free speech, its prospects for passing should be improved.

Yet federal legislation can never solve the whole problem. Norms and social practices matter more than law with respect to creating a free speech culture on campus. What can institutions of higher education do to strengthen an intellectual culture of freewheeling discourse, inquiry and debate? First, they can adopt a formal statement of their commitment to free speech and academic freedom, such as the Chicago principles or the Princeton principles.

Second, campuses can restrict the bureaucratic overreach of DEI bureaucracies and institutional review boards, both of which can and do threaten and erode faculty free expression. Third, the best way to limit overreach of existing bureaucratic units may sometimes be to create another bureaucratic unit explicitly designed to do so. An Office of Academic Freedom that is mandated to ensure faculty rights are not infringed by DEI units, IRBs, chairs, deans or anyone else, might go a long way toward protecting faculty.

We would prefer deep and principled commitments to free speech and academic freedom to be the font from which such reforms spring. But if the only way we will get reforms is through fear equity, we’ll take it.