When Legislatures Become the Ally of Academic Freedom: The First State Intellectual Diversity Statute and Its Effect on Academic Freedom

Abstract

In 2019, South Dakota became the first state to pass an intellectual diversity statute aimed at public universities in the state. Some have argued that the Intellectual Diversity Act (IDA) infringes on universities' First Amendment right of academic freedom. After discussing the state of free speech and intellectual diversity in the nation's institutions of higher learning, this article proceeds to examine the nature, purpose, and development of the First Amendment right of academic freedom. The article concludes that academic freedom is not infringed by the IDA.

Keywords: First Amendment, Academic Freedom, Free Speech