Diversity Statements, Academic Freedom, and the First Amendment

Diversity statements have become a common component of applications for faculty positions and student admission at universities across the country. They have also become politically controversial, with several states banning the use of such requirements at public universities. The use of diversity statements also raises difficult constitutional questions under the First Amendment at public universities and academic freedom questions at both public and private universities. Although there are versions of such statements that might pass constitutional muster, as commonly designed and implemented, the use of diversity statements likely violates both First Amendment and academic freedom principles. Indeed, diversity statement requirements for faculty hiring are inconsistent with multiple lines of constitutional doctrine. I. Introduction II. Diversity Statements in Faculty Hiring III. Academic Freedom Principles IV. Some Lessons from Loyalty Oaths V. Government Employee Speech and the “Pall of Orthodoxy” VI. Political Hiring in Government VII. Compelled Speech VIII. Conclusion