‘Radical shift’: New laws are placing limits on higher ed

State lawmakers have pitched dozens of new laws that aim to “extend a web of control” over higher ed, according to a prominent anti-censorship group.

The Trump administration’s efforts to restrict funding, DEI programs and international student enrollment have grabbed headlines. But moves by legislatures in some 26 states have been “just as devastating,” warns a new report from PEN America.

“With remarkable speed and determination, lawmakers have passed a stunning wave of educational gag orders that directly censor academic teaching, as well as laws that target tenure and traditional faculty governance, intervene in how academic and non-academic programs are run and overseen, manipulate accreditation practices and mandate institutional neutrality in ways that silence important speech,” PEN America contends.

President moves: Three big resignations in mid-July during a slow hiring week

So far this year, 22 laws have been passed and 70 bills introduced to restrict the activities and operations of colleges and universities. The report found:

• Six states enacted higher ed censorship laws or policies for the first time. Since 2021,  21 states have passed at least one such bill or policy.
• Seven educational gag orders and 10 restrictions on diversity, equity and inclusion offices have been enacted, including four laws that do both.
• Almost 40% of the U.S. population now lives in states affected by state-level higher ed censorship policies.

New laws in several states, including Arkansas, Mississippi, West Virginia and Wyoming, restrict classroom discussions about race, sexual orientation, color, gender identity and national origin.

The report also singled out a new Ohio law that requires public university and college faculty to “encourage students to reach their own conclusions” on all “controversial beliefs or policies.” Faculty are also barred from endorsing or opposing “controversial beliefs or policies.”

A “radical shift” has occurred in the relationship between states and higher ed, the report noted.

“In 2025, the norms that used to define how colleges and universities operate are being thrown out the window,” PEN America’s report concludes. “These traditions and structures have long stood as a bulwark against government censorship of teaching, research and learning.”

Image credit: PEN America.

Explore our slideshow to read your next article: