Ringo Legal, PLLC Logo
← Back to Legal News

Texas A&M Policy Restricting Race and Gender Topics Raises Academic Freedom and Due Process Concerns

Source: Politics – Houston Public Media5 min read

Key Takeaways

  • Texas A&M University System Board of Regents' policy restricts teaching topics related to "race and gender ideology" or sexual orientation in core/introductory courses, mandating presidential approval for exceptions.
  • The policy directly impacts faculty academic freedom, a principle often interpreted as a First Amendment right for educators to discuss relevant topics without undue institutional interference, leading to potential free speech challenges.
  • Student due process concerns arise from the abrupt cancellation or modification of registered courses, potentially affecting degree progression and contractual expectations with the university.
  • Organizations like the American Association of University Professors (AAUP) and the Foundation for Individual Rights and Expression (FIRE) criticize the policy for fostering censorship and undermining university purpose, signaling potential legal challenges.
COLLEGE STATION, Texas – A sweeping policy implemented by the Texas A&M University System Board of Regents is poised to significantly alter approximately 200 courses within the College of Arts and Sciences, prompting widespread concern regarding academic freedom, free speech protections, and student due process rights. The directive, which restricts classroom discussions of race and gender, comes into effect just days before the spring semester's commencement, necessitating rapid course modifications and, in some instances, the cancellation or reclassification of established curriculum. This abrupt enforcement has already led to specific faculty instructions, including the removal of classical philosophical texts from core courses. The genesis of the policy traces back to a November vote by the A&M System Board of Regents. The initial measure mandated that campus presidents provide written authorization for any course perceived to advocate "race and gender ideology" or address topics related to sexual orientation and gender identity. This action followed a publicly circulated recording of a professor discussing gender identity in a children's literature class, which ignited conservative scrutiny. Further refinement of the policy occurred in December, imposing more stringent limitations. It now largely prohibits the discussion of these specific topics in introductory or core curriculum courses, unless administrators explicitly determine the material serves a "necessary educational purpose" and grant written approval. This revision initiated an expedited review of course syllabi across the university system. Recent communications from college administrators underscore the immediate impact of these mandates. An introductory sociology course, SOCI 217, "Introduction to Race and Ethnicity," has been cancelled. Administrators informed enrolled students that the course, "in its present form," could not comply with the revised policy. The university offered students with "demonstrable need" to complete the course for degree or career progression the option of an independent study. Additionally, a communications course focusing on religion and the arts was renumbered, effectively removing its core curriculum accreditation. In a notable instance concerning PHIL 111, "Contemporary Moral Issues," Professor Martin Peterson was presented with an ultimatum: either excise modules pertaining to race and gender ideology, including readings from Plato, or be reassigned to teach a non-core philosophy course. Professor Peterson ultimately chose to revise his syllabus, indicating plans to incorporate lectures on free speech and academic freedom in place of the previously designated Plato readings. University officials maintain that the decision regarding PHIL 111 does not constitute a ban on teaching Plato generally, pointing to other sections of the same course where Plato's works are included, provided they do not involve modules on race and gender ideology. This distinction, however, has not allayed broader concerns among faculty and academic freedom advocates. Internal college meetings have revealed the extensive scope of the review. The Interim Dean of the College of Arts and Sciences reportedly indicated that approximately 200 courses could fall under the new policy's purview. Faculty members noted that departments are operating under varying deadlines to submit syllabi for review, with some already renumbering courses to remove them from core curriculum status, even those with existing student enrollments. An exemption process exists, allowing faculty to petition if they can demonstrate that race and gender topics are integral to their curriculum. While an estimated 30 such exemption requests may be submitted by the College of Arts and Sciences, the ultimate decision-making authority and criteria remain largely opaque to faculty members, fostering significant uncertainty as the semester commences. Critiques from various academic and civil liberties organizations highlight the profound implications of these policy changes. Professor Peterson articulated a fundamental concern, stating that the directive undermines the foundational purpose of a university as a forum for open inquiry and debate, particularly when classical philosophers like Plato are subject to removal. Such statements underscore a perceived tension between institutional control and intellectual autonomy. The Texas A&M Chapter of the American Association of University Professors (AAUP) and the Foundation for Individual Rights and Expression (FIRE) have voiced strong objections. FIRE's director of campus rights advocacy characterized the situation as a direct outcome of regental authority over academic content, asserting that such measures invite and unleash censorship with predictable and immediate consequences for scholarly discourse and pedagogical integrity. This policy at Texas A&M is not an isolated incident within the state. Other public university systems across Texas are implementing comparable restrictions. The Texas Tech University System now prohibits certain race- or sex-related course content unless mandated for professional licensing, certification, or patient care. Similarly, administrators at Texas State University have encouraged professors to revise course descriptions and titles deemed ideologically charged. These developments raise critical legal questions concerning the scope of academic freedom, which is often understood as an extension of First Amendment free speech rights within the educational context. Public universities, as state actors, are generally constrained by constitutional protections. Restricting the content of academic discourse based on certain ideological viewpoints could be challenged as a violation of professors' rights to free expression and potentially students' rights to receive information. The vagueness inherent in terms such as "race and gender ideology" could also render the policy susceptible to legal challenges on grounds of overbreadth or vagueness, as it may chill constitutionally protected speech. Furthermore, the sudden alteration or cancellation of courses after student enrollment implicates principles of due process and contractual obligations between students and the university. Students may argue they enrolled in specific courses under certain expectations that were subsequently undermined, potentially affecting their degree progression or educational planning. The broader public policy implications extend to the quality and breadth of education offered at Texas's public institutions, potentially influencing future scholarship, workforce development, and the state's reputation for fostering intellectual inquiry. As these policies continue to unfold across Texas, the legal community and advocates for higher education will closely monitor their implementation, evaluating potential challenges and their long-term effects on academic life and constitutional liberties within the state's public university system.