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Photo of Crag Flanery by Scott Buschman

Intellectual Diversity Bill Defeated in South Dakota

On Thursday, February 23, 2006, the South Dakota State Senate defeated a dangerous intrusion into the academic freedom of colleges and universities.  The bill, HB 1222 would have required South Dakota's public universities to annually report to the legislature regarding intellectual diversity.  This legislation had been pushed by outside forces bemoaning an alleged liberal bias on college campuses. 

Specifically, the bill would have mandated that public institutions “annually report to the legislature detailing the steps the institution is taking to ensure intellectual diversity and the free exchange of ideas. For purposes of this chapter, intellectual diversity is defined as the foundation of a learning environment that exposes students to a variety of political, ideological, and other perspectives.”

The bill, which had passed the House earlier this month, failed in the Senate by a vote of 18 – 15, because senators listened to arguments that the bill was both unnecessary and intrusive.  Existing policies that protect students are already in place, and government mandated reports on intellectual diversity would violate basic academic freedom.

"Faculty and students around the country have had their eyes on South Dakota," said Craig Smith, spokesperson for the Free Exchange on Campus, a coalition of students, faculty and higher education and civil liberty associations including the AAUP. "We are encouraged that the Senate voted to support South Dakota's colleges and to join legislatures around the country in rejecting legislation that violates the principle of academic freedom that has made our system of higher education the envy of the world," Smith continued.

The bill draws on political support that has seen several legislatures consider, but ultimately reject, proposals based on the so-called Academic Bill of Rights advocated by David Horowitz of the Center for the Study of Popular Culture. 

"The truth is that this bill is an ideological agenda being pushed by radicals like David Horowitz and his cronies. The South Dakota legislature recognized that and acted in the interest of its citizens, especially its students, professors and university officials. We encourage other state legislatures where similar bills are pending to follow South Dakota's lead and keep our public universities free from ideological tampering," said Jess Tweedy, student and Vice Chair of the United States Public Interest Research Group Board.