Jeremy C. Young, a historian who works for the freedom of expression organization PEN America tracking censorship efforts in higher education, called DeSantis’ proposal an “all-out assault on the autonomy of higher education” that, if enacted, would impose the most draconian restrictions on public colleges and universities in the United States.

The proposed legislation is the latest attempt by DeSantis, a likely 2024 presidential contender, to limit classroom instruction on the history of racism in America. On January 12, the Florida Department of Education banned an advanced placement course for high schoolers focused on African American studies because it included coursework about reparations — a move DeSantis, who also signed legislation in 2021 prohibiting the instruction of critical race theory in public schools, staunchly defended.

But the effort to codify a so-called “anti-woke” view of history into policy is not just a Florida phenomenon. Since 2021, at least 18 states have passed laws banning schools from teaching critical race theory or “divisive concepts” about racism and sexism. Other states have attempted to create hotlines or websites to report teachers who violate critical race theory or divisive concept bans. Experts tracking these legislative efforts say they show no sign of slowing down this year as lawmakers in statehouses across the country propose bills aimed at restricting how teachers discuss the country’s past and present.

To better understand the national picture of America’s history battles, I called up PEN’s Jeremy C. Young. We talked about what distinguishes DeSantis’ proposed legislation from the laws that have already passed and why he sees the policy as lifting a page from the global authoritarian playbook. 

This conversation has been edited for length and clarity.

A lot of big news about higher education has come out of Florida in the last few weeks. DeSantis announced his intent to gut colleges of critical race theory and diversity programs, and the state’s Department of Education eliminated a high school advanced placement course on African American Studies. You have been monitoring these kinds of legislative actions across the country, and I’m curious how you compare these two efforts. Does one of them stand out to you as especially noteworthy or unprecedented?

It’s a race to the bottom. I think I would probably start with the higher education proposal, what DeSantis refers to as higher education reform, which would really result in the total capture and control of public higher education institutions in Florida by the state government.

Among other provisions, the proposals that DeSantis laid out would ban all diversity, equity and inclusion, and critical race theory initiatives in colleges and universities. It would ban any funding for them, including from private sources. It would effectively end tenure protections for faculty by giving boards of trustees the power to hire faculty members separate from those recommended by the faculty hiring committees, and it would also allow them to call a tenure review at any time for a tenured faculty member, essentially eliminating the protections of tenure.

It would also rewrite the mission statements of colleges and universities by the state. It would force colleges and universities to deprioritize certain majors which are considered by the government to be furthering a political agenda. If enacted, that package of proposals would be the most draconian restrictions on higher education probably in the history of the United States.

What distinguishes this proposal from other attempts to exert control over public university systems or their curricula? What makes this one so extreme?

The part of this that is unique is the attacks on the institutional autonomy of universities. In the United States, free expression at universities is guaranteed in part by institutional autonomy. That is to say, the government does not have day-to-day control over the inner workings and decisions made at the university, and those decisions instead are delegated to Boards of Trustees who in turn make those decisions through a process of shared governance, where all stakeholders at the university — faculty, staff, students, alumni, administrators  — work together to build policies. And those policies are then adopted by the Board of Trustees. 

We have seen waves of legislation, including in Florida in the past couple of years, that have restricted classroom instruction. But these policies go further because they also restrict the ability of governing boards to make their own decisions about their university. If you have the governor at a state rewriting college mission statements, you no longer have institutional autonomy. If they can’t write their own mission statements, then they don’t have any meaningful autonomy at all.