UPDATED November 5, 2024

NEW YORK—The Knight First Amendment Institute at Columbia University today filed a lawsuit under the Freedom of Information Act (FOIA) seeking the immediate release of guidance the U.S. Department of Education (DOE) has provided to colleges and universities about their obligations under Title VI of the Civil Rights Act, following months of protests and debate across U.S. campuses since October 7, 2023.

“The public should know what guidance the Department of Education has given to universities about their obligations under Title VI—both publicly and privately,” said Scott Wilkens, senior counsel at the Knight Institute. “The disclosure of the agency’s communications with universities is important because these communications have shaped universities’ responses to protests and other speech on campus, and will continue to do so.”

Today’s complaint notes that the DOE has issued public and private guidance and that some news reports indicate that the private guidance is in tension with the public guidance.

In July, the Knight Institute submitted a FOIA request to DOE, seeking records relating to all communications received from and sent to colleges and universities around Title VI obligations; all presentations and training materials provided to the institutions regarding Title VI; and all policies, procedures, memos, and guidance outlining the factors or criteria DOE considers in determining whether to investigate an institution for discrimination under Title VI. To date, the DOE has failed to release the requested records.

Read today’s complaint here. 

Read more about the Knight Institute’s work on student protests, Title VI, and the First Amendment here.

Lawyers on the case, in addition to Wilkens, include Alex Abdo, for the Knight First Amendment Institute.

For more information, contact: Adriana Lamirande, [email protected]