At first glance, the deal offered to several prominent universities doesn’t look that egregious. Most notably, the administration isn’t trying to impose its will on hiring and admissions practices. Freezing skyrocketing tuition costs sounds like a good idea. Does that mean we should breathe a sigh of relief?
No, for three reasons. First, even though Trump isn’t trying to micromanage the universities, he is showing an open preference for conservative ideology, which is a violation of the First Amendment. I didn’t see any corresponding requirement for Hillsdale College to provide protection for liberal students. Second, the deal ignores the public interest by creating funding preferences based on conservative ideology instead of results. Finally, I am not aware of any legal authority for this kind of a deal. If the universities agree to it, what’s next?