https://www.nationalreview.com/2019/03/donald-trumps-executive-order-on-campus-free-speech/
Thinking through how such an effort should work
President Donald Trump told a CPAC audience on Saturday that very soon he will unleash an executive order “requiring colleges and universities to support free speech if they want federal research dollars.” If we concede that federal grants should exist and that the agencies themselves should exist (though they should not), what could the order do, and what should it do? It seems valuable to build these ideas from a theory perspective rather than merely react to the language of the order when it comes out.
Should the order apply to all institutions, including private religious colleges? What conditions should the order include? How could it be enforced, and how can alleged violations trigger enforcement? Having served in the U.S. Department of Education in 2017 and 2018, and having worked at the Foundation for Individual Rights in Education (FIRE) for five years, I can provide a basic guide to the legal boundaries and tradeoffs involved.
First, to which institutions should the order apply? Consider that federal research grants are for public benefit. The results of publicly funded research, from this perspective, do not even belong to the researcher or the college. Therefore, the government may put restrictions on the research dollars, even at private colleges and universities. (This logic also implies that the data and published papers that result from federal dollars should be free to the public and not fenced by subscription journals. Frederick Hess and Grant Addison of the American Enterprise Institute made a similar argument in 2017.)