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Marzo 5, 2019

Captura de pantalla 2016-07-14 a las 1.26.16 p.m.Trump Vows Executive Order on Campus Free Speech

President says he will deny federal research dollars to institutions that do not protect free speech.

March 2, 2019

President Trump vowed Saturday to “soon” issue an executive order that would deny federal research funds to colleges and universities that do not support free speech.

“If they want our dollars and we give them by the billions, they’ve got to allow people to speak,” said Trump in a speech at the Conservative Political Action Conference.

He did not describe how the executive order would work, or who would judge whether a college or university was not protecting free speech.

During his speech, President Trump brought on stage and praised Hayden Williams, who was punched last week when he was at the University of California, Berkeley, seeking support for the president and conservative causes and criticizing Jussie Smollett, the actor who is facing charges of false reporting to the police in a hate crime he claimed to have experienced.

Of Williams, President Trump said that he should sue Berkeley “and maybe sue the state.” To loud applause, Trump said, “He took a hard punch in the face for all of us. We can never allow that to happen.” And he added that after Williams sues Berkeley, “he’s going to be a very wealthy man.” The crowd at the meeting chanted “USA” as Trump made these statements.

Trump did not note that Berkeley arrested a man, Zachary Greenberg, for assaulting Williams. Neither Williams nor Greenberg are students at Berkeley. The university had permitted Williams to be on campus expressing his views.

This is not the first time President Trump has used an incident at Berkeley to suggest that federal research dollars should be cut off over alleged denial of free speech rights.

In 2017, violent protesters (believed by university officials to be from off campus) set fires and damaged property at the university just before a scheduled appearance by Milo Yiannopoulos. President Trump tweeted:

What he didn’t note at that time was that Berkeley officials had allowed Yiannopoulos to speak, calling off the event only amid the violence. Berkeley had defended his right to appear on campus (and he has appeared since), citing principles of free speech even as some on campus said he should be kept away because of views many find offensive.

Terry Hartle, senior vice president for government and public affairs at the American Council on Education, in an interview shortly after President Trump’s speech, called the proposed executive order “a solution in search of a problem.” He said that is because “free speech and academic freedom are core values of research universities.”

While “controversies do arise,” Hartle said that the norm is for universities to err on the side of promoting free speech. He asked how some federal agency in the future would try to enforce the executive order by determining whether a college had done enough to promote free speech. He predicted that an executive order would lead people to try to create free speech incidents just to create controversy.

And Hartle said that federal law gives religious institutions broad discretion about campus activities. “Would religious institutions be required to have speakers whose views were antithetical to the college?” Hartle asked. “Would Yeshiva University be required to host a Holocaust denier?”

Hartle also noted the lack of consistency of the Trump administration about free speech.

“As always in the current environment, irony does come into play. This is an administration that stifles the views of its own research scientists if they are counter to the political views of the administration, such as on climate change. And the president vigorously attacks people like Colin Kaepernick who exercise their free speech rights.”

Peter McPherson, president of the Association of Public and Land-grant Universities, said via email, “Public research universities have a First Amendment constitutional obligation to protect free speech. It is an obligation they take very seriously and work hard to protect. Our campuses serve as important forums for the debate of diverse ideas. An executive order is unnecessary, as public research universities are already bound by the First Amendment, which they deeply respect and honor. It is core to their academic mission.”

This article will be updated.

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