Earlier this month, President Trump and his administration extended an invitation to nine universities, both private and public, asking them to sign onto a compact that would prioritize federal funding to their institution.
The Compact for Academic Excellence in Higher Education was originally issued to nine universities on Oct. 1. Sections of the compact committed institutions that signed off to shut down transgender individuals from playing collegiate sports, freeze tuition for 5 years and shut down organizations that could be seen as being hateful towards conservative ideologies.
Some specific language of the compact focused on “transforming or abolishing institutional units that purposefully punish, belittle, and even spark violence against conservative ideas,” as well as committing to “defining and otherwise interpreting ‘male,’ ‘female,’ ‘woman’ and ‘man’ according to reproductive function and biological processes.”
In addition to comments on the biological composition of an individual, it includes wording that requires minimizing the number of international students admitted to 15%, with less than 5% of students being allowed from a singular nation.
Reports show that the University of Tennessee has upwards of 1,000 international students, with close to 80% composed of graduate students working towards their masters and PhD.
The University of Tennessee has not been approached with the compact and has not announced adoption of any of these policies. The nine original universities the contract was offered to had until midnight of Oct. 20 to sign.
Vanderbilt University and the University of Texas are the only institutions that have not outright rejected this compact. They expressed interest in signing, but have stated they would like more time to discuss it further with their administrative faculty.
Josh Dunn, the executive director of the Institute of American Civics, pointed out that the specific policies mentioned would make it extremely difficult for universities like UT to sign on as a whole.
“I mean I just don’t see how universities could enforce this,” Dunn said. “Part of the open exchange of ideas is that you can say things that people who disagree with you could find belittling.”
According to Dunn, the verbiage of the compact may make it difficult for universities to sign on, highlighting the importance of diversity of political thought.
“Most universities would say, ‘We want different views explored, debated and challenged,’” Dunn said.
That commitment to open dialogue, he argued, may clash with certain enforcement mechanisms proposed in the compact.
“I can’t see how there could be a requirement forbidding belittling conservative ideas, no matter how one reads it,” Dunn said. “That seems like a straightforward violation of viewpoint neutrality. I don’t think that particular viewpoints can be immunized from criticism.”
Still, Dunn acknowledged that not all aspects of the compact may raise the same constitutional concerns.
“If some of the other provisions are read as prohibiting incitement to imminent lawless action, then they could potentially survive,” Dunn said. “However, incitement is already not protected so it’s not clear what doing that would accomplish.”
The Baker School and the Institute of American Civics push for civil discourse with others carrying different viewpoints. Organizations like Bridge and the Baker School Student Association allow for the discussion of politically charged topics in a civil, moderated setting.
Lindsie Rank, director of campus rights advocacy at the Foundation for Individual Rights and Expression (FIRE), believes that implementing this compact could restrict faculty and student opinions.
“There is this aspect of the compact that says that university employees have to refrain from actions or speech related to politics — does that mean that faculty are not allowed to vote anymore?” Rank said.
Rank suggested that some universities’ administrations may be vying for prioritization of federal benefits, but made clear that there are no confirmed reports yet. These efforts may stem from concerns that universities will lose more funding, as reports have shown cuts ranging from $6.9 to $8.2 billion dollars have already taken place in education.
“Administrations are really freaked out that they’re going to be the next targets of federal administrations, so they’re acting in advance to fend off any criticism from the conservative side of the aisle,” Rank said.
Beyond administrative reactions, Rank pointed to a deeper issue in how speech is perceived.
“Speech that’s offensive isn’t violent in of itself, and I think we’ve seen this growing conflation on both the left and the right between speech and violence,” Rank said. “But saying I hate Americans isn’t incitement, burning the flag isn’t incitement.”
Nick Suttle, a sophomore public affairs major and vice president of UT’s Turning Point chapter, discussed how he believes the pact could ensure the protection of conservative individuals and speech.
“We should be able to have civil discourse, and if there is violence going on against conservative ideas, then that’s not really an institution that is promoting civic engagement,” Suttle said.
For students like Madeline Rust, a freshman majoring in marketing and the freshman representative for the College Democrats, expressed her worry if the compact were to be implemented on campus.
“I feel like it will shut a lot of people down, and make them feel like they cannot speak their mind on things,” Rust said.
When asked why she thought the Trump Administration didn’t include language protecting political beliefs other than conservative, she took a moment to think.
“He often radicalizes the left and makes them out to be evil, and wicked, and just flat out hateful,” Rust said.
Suttle heavily critiqued this viewpoint, instead advocating for the inclusivity it would bring of more conservative leaning students.
“This compact is bringing it to where we can have open discussions and not be treated differently,” Suttle said. “Again, it’s bad when we have college campuses that are just solely liberal and these conservatives are being mistreated because they don’t have the right to fully discuss their ideas, and that’s just creating a culture that is liberal ideology.”
With major cuts to departments like the Institute of Agriculture, UT faculty have had to reassess how they want to allocate current funding and make priorities. The Institute of Agriculture, alone, lost over eight grants.
Rank pointed out that there are some enlightening ideas in the compact that could help keep universities up to date on viewpoint diversity and civic discourse on campus, but it can’t be done through coercion.
“The trick is on how you address it, and … true change doesn’t happen through coercion. You know, Trump connecting federal funding to institution agreement with this compact really is a coercive measure, especially given the action that the administration has taken against … other institutions … (in) regard to their ability to bring international students in,” Rank said.
Dunn noted that, historically, funding has been tied to compliance with certain measures.
“The federal government has always used funding as a way to encourage, or force even, behavior it desires out of colleges and universities, so there have always been strings attached,” Dunn said.
While the compact has sparked debate about free speech, academic freedom and political influence in higher education, its future remains uncertain and so does its potential impact on universities that choose to adopt it.