– Patrick M. Garry –

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Abstract:

In reaction to events suggesting a free speech problem on its state university campuses, the South Dakota Legislature recently passed an Intellectual Diversity Act applicable to public universities in the state. The Act coincided with President Trump’s executive order conditioning federal funding on free speech protections at the nation’s institutions of higher education. Claims of academic freedom infringement accompanied the passage of the South Dakota Act. This Article examines those claims by analyzing the goals and principles of academic freedom and comparing them with the goals and effects of the South Dakota Act.