Scholars in higher education who were targeted for their expression have quadrupled since 2015. In response, the Foundation for Individual Rights in Education (“FIRE”) has launched its Faculty Legal Defense Fund to defend faculty members under attack for engaging in constitutionally protected speech. The FLDF provides free legal assistance to faculty at public colleges and universities across the country. I am proud to be one of the attorneys who will be working with FIRE on this effort.

A new report from FIRE shows an alarming 74% success rate for campaigns targeting collegiate scholars for their constitutionally protected speech — and the data suggest the worst is yet to come.

What is the focus of this effort? “Targeting Incidents,” which are defined as follows:

We define a targeting incident as a campus controversy involving efforts to investigate, penalize or otherwise professionally sanction a scholar for engaging in constitutionally protected forms of speech. Our definition of a targeting incident does not include instances in which the scholar is subjected to harassment or other forms of intimidation, but does not face an attempt at being professionally penalized or sanctioned. Nor does it include cases where the individual(s) or group(s) expresses opposition to a scholar’s speech, but does not make any demands that the scholar and/or institution take action to remedy the situation.

Universities that are more likely to violate the rights of their faculty are those who have not adopted “The Chicago Statement”:

Because the University is committed to free and open inquiry in all matters, it guarantees all members of the University community the broadest possible latitude to speak, write, listen, challenge, and learn . . . . [I]t is not the proper role of the University to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.

—Excerpt from the Chicago Statement