DeVos Announces Proposed Rule Regarding Equal Treatment of Faith-Based Education Institutions – All On Georgia
U.S. Secretary of Education Betsy DeVos announced that the Department of Education is taking several concrete actions to protect religious liberty and ensure the Department is acting in accordance with the First Amendment.
The Department announced aproposed ruleensuring the equal treatment and constitutional rights of religious organizations and faith-based institutions, as well as First Amendment freedoms owed to students on campus. As directed by Congress, the agency will also releaseupdated guidanceregarding constitutionally protected prayer in schools.
Our actions today will protect the constitutional rights of students, teachers, and faith-based institutions, said Secretary DeVos. The Departments efforts will level the playing field between religious and non-religious organizations competing for federal grants, as well as protect First Amendment freedoms on campus and the religious liberty of faith-based institutions. I proudly share President Trumps commitment to religious freedom and the First Amendment.
The Departments rule addresses five general areas of importance to religious organizations, faith-based institutions, and their students. First, along with several other agencies, the Departments proposed rule seeks to implement President Trumps Executive Order 13831,Executive Order on the Establishment of a White House Faith and Opportunity Initiative. The proposed rule would ensure that religious and non-religious organizations are treatedequallyby the federal government and that organizations are not discriminated against simply because they are religious in nature, removing unequal, burdensome regulatory requirements imposed by the Obama administration. The proposed rule would ensure that the Departments direct grant programs and state-administered formula grant programs are implemented in a manner consistent with religious liberty protections in federal law, including the First Amendment and theReligious Freedom Restoration Act.
Second, student organizations, including faith-based student organizations, play an important role at public institutions of higher education. Their First Amendment rights, including the freedom of association, must also be protected. Accordingly, the proposed regulations require that, as a material condition of a direct grant or a subgrant from a state-administered formula grant program, a public institution of higher education not deny to a faith-based student organization any of the rights, benefits, or privileges otherwise afforded to non-faith-based student organizations.
Third, the Department proposes to amend regulations governing the Strengthening Institutions Program, the Developing Hispanic-Serving Institutions Program, the Strengthening Historically Black Colleges and Universities Program, and the Strengthening Historically Black Graduate Institutions Program of the Higher Education Act. The proposed revisions address constitutional concerns about the prohibition to use development grants for activities or services if they merely relate to sectarian instruction and religious worship. The proposed regulations prohibit use of such grants for activities or services that constitute religious instruction, religious worship, or proselytization consistent with the First Amendment to the U.S. Constitution and other federal laws. The Department also proposes to amend the definition of a school or department of divinity in a manner that is more consistent with the First Amendment and other federal laws.
Fourth, in its proposed rule, the Department also seeks to clarify how an educational institution may demonstrate that it is controlled by a religious organization for purposes of Title IX. Neither Title IX nor its regulations define what it means for a school to be controlled by a religious organization. Over the years, the Department of Educations Office for Civil Rights (OCR) has posted on its website several internal memoranda on this question. Because these OCR memoranda constitute only non-binding, non-regulatory guidance, the Department desires to engage in notice and comment rulemaking on this issue and to obtain the views of the public in crafting an appropriate final regulation.
Fifth, to implement Executive Order 13864,Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities, the Department also proposes regulations to ensurepublicinstitutions of higher education that receive federal research or education grants comply with the First Amendment to the U.S. Constitution, as a material condition of a direct grant or a subgrant from a state-administered formula grant program. The Department also proposes regulations to ensure thatprivateinstitutions of higher education that receive federal research or education grants comply with their stated institutional policies regarding freedom of speech, including academic freedom. Because state and federal courts remain the best arbiters of alleged violations of First Amendment freedoms, the Department proposes to determine that a public institution has not complied with the First Amendment only if there is a final, non-default judgment by a state or federal court that the public institution or an employee of the public institution, acting in his or her official capacity, violated the First Amendment. Similarly, the Department proposes to determine that a private institution has not complied with its stated institutional policies regarding freedom of speech only if there is a final, non-default judgment by a state or federal court that the private institution violated the institutional policy.
In a separate action, for the first time since 2003, the Department will also issue today updated guidance on constitutionally protected prayer in public elementary and secondary schools. The Department is required by theElementary and Secondary Education Act of 1965(ESEA), as amended by theEvery Student Succeeds Act, to update this guidance every two years. The guidance explains the ESEAs requirement that states report which local educational agencies have not certified that they do not have any policy that prevents, or otherwise denies participation in, constitutionally protected prayer. The ESEA also requires states to report complaints against a local educational agency that allegedly denies a person, including a student or employee, the right to engage in constitutionally protected prayer. The guidance clarifies that the ESEA requires states to provide a clear process for students, parents, and teachers to report violations of their right to pray. Under the ESEA, states must fulfill these reporting requirements by November 1 of each year.
This is a press release from the US Department of Education.
- Tolkkinen: As a recent Minnesota dustup shows, First Amendment auditors with cameras are terrorizing people - Star Tribune - August 3rd, 2025 [August 3rd, 2025]
- First Amendment has limits: Tom Homan insists that Mahmoud Khalil will be deported - the-independent.com - August 3rd, 2025 [August 3rd, 2025]
- First Amendment has limits: Tom Homan insists that Mahmoud Khalil will be deported - MSN - August 3rd, 2025 [August 3rd, 2025]
- Brendan Carr declares victory over the First Amendment - The Verge - August 3rd, 2025 [August 3rd, 2025]
- Chris Hedges: Abolishing the First Amendment - Consortium News - August 1st, 2025 [August 1st, 2025]
- Sean 'Diddy' Combs asks court for acquittal or new trial, says 'freak offs' protected by First Amendment - MSNBC News - August 1st, 2025 [August 1st, 2025]
- 'The First Amendment demands it': Capehart reflects on his decision to leave The Washington Post - MSNBC News - August 1st, 2025 [August 1st, 2025]
- More Than 20 Democratic-Led States Sue Trump Administration Over Planned Parenthood Funding Cuts - First Amendment Watch - August 1st, 2025 [August 1st, 2025]
- Brown University Strikes Agreement With Trump Administration To Restore Lost Federal Funding - First Amendment Watch - August 1st, 2025 [August 1st, 2025]
- News organizations sue Tennessee over police buffer law, citing First Amendment - Knoxville News Sentinel - July 30th, 2025 [July 30th, 2025]
- The ACLU says a New York official violated the NRA's First Amendment rights. They still can't sue her. - Reason Magazine - July 30th, 2025 [July 30th, 2025]
- Forced Labor and the First Amendment - The American Conservative - July 30th, 2025 [July 30th, 2025]
- Chris Hedges: Abolishing the First Amendment - Scheerpost - July 30th, 2025 [July 30th, 2025]
- Chronicle Editorial: Croton-Harmon school district's disdain for the First Amendment costs staff time and taxpayer money. - The Croton Chronicle - July 30th, 2025 [July 30th, 2025]
- Is AI a Horse or a Zebra When It Comes to the First Amendment? - Cato Institute - July 28th, 2025 [July 28th, 2025]
- First Amendment and immunity - Courthouse News Service - July 28th, 2025 [July 28th, 2025]
- Legal Case of Navy Diver Who Sued Newport Beach for First Amendment Violation Advances - California Globe - July 28th, 2025 [July 28th, 2025]
- News organizations sue TN over police buffer law, citing First Amendment - The Tennessean - July 28th, 2025 [July 28th, 2025]
- AFPI Sues Oregon School Activities Association for Silencing Female Athletes First Amendment Rights - America First Policy Institute - July 28th, 2025 [July 28th, 2025]
- NEWTON: Battle between Trump and the First Amendment continues - The Covington News - July 27th, 2025 [July 27th, 2025]
- That eerie sound youre hearing is the First Amendment falling - rawstory.com - July 27th, 2025 [July 27th, 2025]
- TRUMP GOES TOO FAR: Colbert cancellation puts spotlight on Trump war on the First Amendment - MSNBC News - July 27th, 2025 [July 27th, 2025]
- First Amendment doesnt provide the right to be heard, Fourth Circuit finds - Courthouse News Service - July 24th, 2025 [July 24th, 2025]
- Pennsylvania officers face First Amendment lawsuit for trying to criminalize profanity and using patrol car to chase man who recorded police - FIRE |... - July 24th, 2025 [July 24th, 2025]
- Ninth Circuit Reinforces First Amendment Protections of Parent Banned from School District in Response to Speech the District Found Offensive -... - July 24th, 2025 [July 24th, 2025]
- Press Release: Reps. Hank Johnson and Sydney Kamlager-Dove Propose Bill to Safeguard Artists' First Amendment Rights - Quiver Quantitative - July 24th, 2025 [July 24th, 2025]
- What the GOPs Epstein revolt says about the First Amendment - Claremont COURIER - July 24th, 2025 [July 24th, 2025]
- Protesters and demonstrators voice their first amendment right along the street of Canton - 25 News Now - July 24th, 2025 [July 24th, 2025]
- First amendment vs. first-person shooter: Uvalde parents battle with 'Call of Duty' maker in court - Fortune - July 24th, 2025 [July 24th, 2025]
- Columbia University Says It Has Suspended and Expelled Students Who Participated in Protests - First Amendment Watch - July 24th, 2025 [July 24th, 2025]
- Stephen Colberts Late Show Is Canceled by CBS and Will End in May 2026 - First Amendment Watch - July 24th, 2025 [July 24th, 2025]
- US will appeal decision finding punitive executive order against Jenner & Block violates First Amendment - ABA Journal - July 24th, 2025 [July 24th, 2025]
- NPR loses. The First Amendment wins. - The Boston Globe - July 24th, 2025 [July 24th, 2025]
- Trial in AAUP Lawsuit Concludes With Clash Over First Amendment Rights of Noncitizens - The Harvard Crimson - July 22nd, 2025 [July 22nd, 2025]
- Harvard argues in court that Trump administration's funding freeze violated First Amendment - CBS News - July 22nd, 2025 [July 22nd, 2025]
- Harvard argues the government is in violation of the First Amendment. Trumps team frames the lawsuit as a contract dispute - CNN - July 22nd, 2025 [July 22nd, 2025]
- Standing up for Elmo and the First Amendment - Westerly Sun - July 22nd, 2025 [July 22nd, 2025]
- Why the Iowa Senate finally approved enhanced First Amendment protections - Bleeding Heartland - July 22nd, 2025 [July 22nd, 2025]
- First Amendment advocates urge open hearing for San Mateo County sheriff facing removal - The Mercury News - July 18th, 2025 [July 18th, 2025]
- Defeat the Press: How Donald Trumps Attacks on News Outlets Undermine the First Amendment - Variety - July 18th, 2025 [July 18th, 2025]
- An assault on the First Amendment? Yes. But also a lesson in the ethics of reporting police news. - Media Nation - July 18th, 2025 [July 18th, 2025]
- How Donald Trumps Attacks On News Outlets Undermine The First Amendment - TV News Check - July 18th, 2025 [July 18th, 2025]
- Who are First Amendment auditors? Encounters with them prompted police calls in California - Scripps News - July 16th, 2025 [July 16th, 2025]
- Greene County staff permitted to speak to press after pushback from First Amendment groups - The Daily Progress - July 16th, 2025 [July 16th, 2025]
- Death Threats Over Texas Flooding Cartoon Force Museum Journalism Event To Be Postponed - First Amendment Watch - July 16th, 2025 [July 16th, 2025]
- Its the right thing to do: Defense attorney picks up Shasta protester case pro bono, citing First Amendment concerns - Shasta Scout - July 12th, 2025 [July 12th, 2025]
- The First Amendment Protects Ideologically Based Ad Boycotts - Cato Institute - July 12th, 2025 [July 12th, 2025]
- IRS Finally Recognizes That the First Amendment Permits Pastors To Speak From the Pulpit - The Daily Signal - July 12th, 2025 [July 12th, 2025]
- Pocahontas Mayor Reacts Aggressively to Viral First Amendment Auditor - NEA Report - July 12th, 2025 [July 12th, 2025]
- ACLJ's Decades-Long Fight Leads to IRS Recognizing Churches' First Amendment Rights To Speak About Political Issues and Candidates From the Pulpit -... - July 12th, 2025 [July 12th, 2025]
- Central Piedmont fulfilling requests that would lead to First Amendment lawsuit being dropped: Plaintiffs - Queen City News - July 12th, 2025 [July 12th, 2025]
- How Tempe debate over feeding homeless at parks is becoming a First Amendment conversation - KJZZ - July 10th, 2025 [July 10th, 2025]
- IRS: Pastors and Politicians Dont Lose First Amendment Rights in Pulpit - Focus on the Family - July 10th, 2025 [July 10th, 2025]
- Trump admin waffles in court on whether pro-Palestinian foreigners have full First Amendment rights - Politico - July 8th, 2025 [July 8th, 2025]
- Airlines deportation deal with ICE sparks protests and boycott campaign, leading to First Amendment battle - The Free Speech Project - July 8th, 2025 [July 8th, 2025]
- Trump Judges Find No First Amendment Problem With Florida Forcing Teachers to Misgender Themselves - Balls and Strikes - July 8th, 2025 [July 8th, 2025]
- High Court To Hear Street Preacher's First Amendment Case - Law360 - July 6th, 2025 [July 6th, 2025]
- The Columbus Connection First Amendment, Independence Day Thoughts, and Happy Birthday CCN - Columbus County News - July 6th, 2025 [July 6th, 2025]
- Paramounts Trump Lawsuit Settlement: Curtain Call for the First Amendment? (Guest Column) - IMDb - July 6th, 2025 [July 6th, 2025]
- Fourth of July is a reminder to understand your First Amendment rights - The News Journal - July 4th, 2025 [July 4th, 2025]
- Big Tech Can't Hide Behind the First Amendment Anymore | Opinion - Newsweek - July 4th, 2025 [July 4th, 2025]
- FIRE amicus brief: First Amendment bars using schoolkid standards to silence parents' speech - FIRE | Foundation for Individual Rights and Expression - July 4th, 2025 [July 4th, 2025]
- The First Amendment Protects CNN's Reporting on ICEBlock and Iran - Reason Magazine - July 4th, 2025 [July 4th, 2025]
- MCPS to pay $125K to two county residents who sued over alleged First Amendment violations - Bethesda Magazine - July 4th, 2025 [July 4th, 2025]
- Commentary: Winter Garden arrest threat violated First Amendment rights - Orlando Sentinel - July 4th, 2025 [July 4th, 2025]
- First Amendment Expert Responds To BHUSD Policy - Hoover Institution - July 4th, 2025 [July 4th, 2025]
- Donald Trump: the surprise force who saved the First Amendment - Washington Times - July 4th, 2025 [July 4th, 2025]
- Paramount Will Pay $16 Million in Settlement With Trump Over 60 Minutes Interview - First Amendment Watch - July 4th, 2025 [July 4th, 2025]
- Trump Judges Reject First Amendment Challenge and Uphold Florida Law Requiring Teachers to Use Only Pronouns that Align with their Gender at Birth -... - July 4th, 2025 [July 4th, 2025]
- Justice Thomas sounds alarm on courts misapplying First Amendment in political speech cases - Courthouse News - July 2nd, 2025 [July 2nd, 2025]
- 'The full rigor of the Court's resources': Judge warns Trump against witness 'retribution' in First Amendment case over threatened deportations - Law... - July 2nd, 2025 [July 2nd, 2025]
- Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media - JD Supra - July 2nd, 2025 [July 2nd, 2025]
- Protecting Kids Shouldnt Mean Weakening the First Amendment - Public Knowledge - July 2nd, 2025 [July 2nd, 2025]
- Opinion - Jesse Green: Congress must not violate First Amendment in fight against anti-semitism - Northern Kentucky Tribune - June 29th, 2025 [June 29th, 2025]
- VICTORY: New York high school to strengthen First Amendment protections following FIRE lawsuit - FIRE | Foundation for Individual Rights and... - June 28th, 2025 [June 28th, 2025]
- FCCs First Amendment Tour Arrives in Kentucky - The Daily Yonder - June 28th, 2025 [June 28th, 2025]
- ACLU of Pennsylvania Applauds Passage of Legislation to Expand First Amendment Protections in the Commonwealth - ACLU of Pennsylvania - June 28th, 2025 [June 28th, 2025]
- FIRE to court: AI speech is still speech and the First Amendment still applies - FIRE | Foundation for Individual Rights and Expression - June 28th, 2025 [June 28th, 2025]
- Podcast: Broadcast Journalism, First Amendment, and the Future - Wisconsin Broadcasters Association - June 28th, 2025 [June 28th, 2025]
- Advertising Companies Cave to the FTC. Media Matters Sues To Defend the First Amendment. - Reason Magazine - June 28th, 2025 [June 28th, 2025]