RALEIGH – The ACLU of North Carolina has sent a letter to the UNC Board of Governors (BOG) reminding them of the broad protections the First Amendment gives to academic freedom. The BOG is expected to vote this week on a proposal formally defining the phrase “academic freedom” within the UNC System in a way that threatens to restrict protected speech.

In October 2025, the Faculty Assembly, a group of elected faculty representatives from UNC system institutions, approved a definition of academic freedom developed with input from faculty, provosts, and attorneys and presented it to the BOG. The proposal now being considered by the BOG includes additional language prohibiting “teaching content that lacks pedagogical connection to the course, discipline or subject matter” and “using university resources for political activity.”

The ACLU of NC’s letter warns that the proposed policy may be unconstitutionally vague and could restrict protected speech under the First Amendment, chilling classroom discussion and discouraging scholarly inquiry.

The letter notes that faculty routinely engage in spontaneous discussion driven by student inquiry that may extend beyond a strict course description, and proposed language could force instructors to curtail legitimate academic discourse to avoid potential discipline. The letter also emphasizes growing threats to free speech and academic freedom on university campuses, referencing several recent instances of UNC system institutions discouraging First Amendment activity.

“Faculty must be free to express views—even views that are controversial or offensive—without fear of government retaliation or discipline,” reads the letter. “The ACLU-NC, along with civil rights organizations across the country, are closely monitoring universities’ adherence to these fundamental freedoms and, where appropriate, will take legal action to enforce them.”

The letter urges the BOG to “reaffirm the necessity of defending speech and academic freedom” and “avoid the temptation to silence unpopular opinions and remain committed to the exercise of free speech and academic freedom.”

The BOG will meet on February 25 and 26 at the UNC System Office in Raleigh. Additional meeting information can be found here.

You can read the ACLU-NC's full letter below.

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