The University of Texas System’s Board of Regents on Thursday approved a rule intended to limit what it calls “unnecessary controversial subjects” in classroom instruction, a move that prompted warnings from faculty, students and alumni that the policy’s key terms are too vague to protect academic freedom.
Under the rule, regents say students should be able to graduate without being required to study “unnecessary controversial subjects,” even as opponents argued the undefined standard could pressure instructors to avoid difficult topics rather than teach them. The policy also adds an administrative layer to course planning: it requires faculty to disclose in syllabi the topics they plan to cover and then adhere to that plan.
The rule further addresses how instructors should teach when controversial issues appear in a course. It says instructors must ensure a “broad and balanced approach” to discussion, but it does not define what qualifies as “controversial” or what exactly constitutes a “broad and balanced approach.”
During roughly 40 minutes of public testimony from 10 speakers—faculty members, students and alumni—Peter Onyisi, a University of Texas at Austin physics professor, warned regents that the lack of specificity could leave administrators substituting public-relations caution for disciplinary expertise. Onyisi said, “Will they (administrators) be experts in the relevant disciplines or will they just seek to avoid unpleasant publicity?”
Board Chair Kevin Eltife defended the approach, saying the rule’s vagueness came as the system tried to craft policy for politically charged conditions. Eltife said, “We are in difficult times,” and added, “Vagueness can be our friend.”
Other speakers said limiting controversial material would not match what they described as the real demands of professional life, where navigating complex and unsettled political and social problems can be part of careers. David Gray Widder, a professor in UT-Austin’s School of Information, said the policy would harm students’ preparation. Widder said, “The job market is really tough right now, ask any undergrad,” and added, “We can’t do this to our students.”
Allen Liu, policy counsel for the NAACP Legal Defense Fund, said the rule could invite legal challenges and could result in viewpoint discrimination. Liu said it could lead to “viewpoint discrimination” and that it could disproportionately affect Black students and faculty by discouraging teaching about slavery, segregation and other subjects central to Black history.
The UT System already has a prior rule, in place for at least a decade, stating that faculty are entitled to freedom in the classroom but “are expected not to introduce into their teaching controversial matter that has no relation to his or her subject,” according to the Texas Tribune story distributed through AP.
The regents’ decision came after UT-Austin announced a reorganization of several academic departments into a new Social and Cultural Analysis department, an effort President Jim Davis said followed a review that found “some significant inconsistencies and fragmentation” across departments in the College of Liberal Arts. The announcement said more than 800 students were pursuing majors, minors and graduate degrees in the affected programs.
The policy approved Thursday also fits into a broader push by state officials to increase oversight of classroom instruction, hiring and discipline in response to concerns about political bias in public universities. Under a new state law, Senate Bill 37, governor-appointed regents have more oversight authority, and similar conservative backlash has been tied in coverage to changes adopted by other Texas systems, including policies restricting how race, gender and sexuality can be taught. The UT System policy approved Thursday does not explicitly ban those topics.
Some students, according to testimony and reporting, said UT-Austin is already moving in the direction of the oversight requirements even without formally signing certain agreements. The article said UT-Austin was one of nine universities that received preferential access to federal funding in exchange for agreeing to ensure departments reflect a mix of perspectives and promote civic values and Western civilization. Alfonso Ayala III, a doctoral student in Mexican American and Latina/o Studies, said it is “hard to understand this as anything other than ideological and political,” pointing to the expansion of the School of Civic Leadership as his department loses autonomy.