Higher Ed Counsel & Strategic Solutions

Academic freedom and faculty speech will continue to be prominent issues in fall 2026. Colleges and universities should approach the coming semester with a clear understanding that faculty expression can raise difficult questions not only in classrooms but also in shared governance settings, public commentary, social media use, and campus events. Summer is an important time to assess institutional policies and decision-making frameworks and to consider the following issues:

Colleges and universities are uniquely positioned to foster challenging conversations and encourage engagement with controversial ideas.  Recent events have highlighted the need for institutions to balance free expression, campus safety, and community well-being while supporting robust, respectful dialogue on complex social, political, and cultural issues.

Recent campus events and the heightened political environment have spotlighted the importance of institutions of higher education having clear, effective policies and practices for managing free speech at campus events. Whether your institution is a public university and subject to First Amendment constraints, or a private university and guided by campus speech policies, the challenges are similar: supporting open dialogue, maintaining order, and ensuring legal compliance and non-discrimination.

Recent violent incidents on campuses, including the fatal shooting of a controversial speaker, have underscored the urgent need for colleges and universities to assess their approaches to campus safety and free speech ahead of and during high-profile events.