The issue of academic freedom in the United States has been a source of political polarization, and according to free speech advocacy group Pen America, the rights of academics have come under attack. In a report published at the end of 2023, the organization documented more than 300 bills introduced since January 2021, in 44 states, aimed at limiting discussion in high schools and on college campuses around subjects such as racism, gender and LGBTQ identity. The group called these "a direct threat to the culture of curiosity that makes institutions of higher education a pillar of our democracy," and referred to "academic gag orders".
The subjects targeted are those that have fueled the "culture war" that Democrats and Republicans have been waging for decades over social issues. After losing their offensive against gay marriage, which was legalized by the Supreme Court in 2015, and winning the battle against affirmative action thanks to the high court's decision in June 2023; conservatives have found new targets. These include the rights of transgender people, the recognition of minorities and Critical Race Theory, an academic field dating back to the 1970s which focuses on the systemic nature of discrimination in the US.
The current conservative assault dates back to 2020 and the emergence of the Black Lives Matter movement, following the death on May 25 that year of George Floyd, who was choked to death by a White police officer in Minneapolis. The demand for recognition of the rights of minorities came from a cross section of society, from academia and policy institutes to business, and generated a backlash that has continued to permeate American society. The White House gave the signal on September 22, 2020, when Donald Trump, less than two months before the presidential election, signed an executive order "Combatting Race and Gender Stereotypes," which banned the teaching of "divisive concepts" in public institutions, from the military to universities.
The move singled out in particular the concept of diversity, equality and inclusion (DEI). According to Scholars at Risk, more than 70 bills have been introduced since the beginning of 2023 by Republican legislators in 26 state houses, targeting DEI programs set up in public universities to facilitate the integration of minorities. Eight of these have been signed into law. Most of the documents have been supplied on a readymade basis by two conservative institutions: the libertarian Goldwater Institute in Phoenix, Arizona, and the Manhattan Institute in New York. Some are copies of Florida's 2022 Stop Woke Act, which served as a springboard for the presidential ambitions of Republican Governor Ron DeSantis.
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