The Indiana law prohibits public colleges from granting tenure to professors deemed unlikely to support intellectual diversity, allowing trustees to define this term and enforce it.
In post-tenure reviews, professors must now demonstrate their commitment to intellectual diversity, risking their tenure and positions if they fail to meet these new standards.
The lawsuit claims that the new provisions infringe on First Amendment rights, arguing that professors should have the freedom to decide their teaching content without state influence.
Indiana's attorney general contends that the curriculum in public universities is considered government speech, asserting that professors do not have rights over state-determined educational content.
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