On November 4, 2024, the Knight Institute filed a FOIA lawsuit challenging the Department of Education’s failure to comply with its request for records relating to the guidance DOE has provided to colleges and universities concerning their Title VI obligation to ensure nondiscrimination based on shared ancestry or ethnic characteristics.

After October 7, 2023, DOE began to receive an increasing number of Title VI complaints from students alleging discrimination on the basis of shared ancestry or ethic characteristics. DOE responded by opening more than 90 investigations, many of which involve allegations that students and faculty members made antisemitic or Islamophobic statements at protests, in classrooms, or on social media.

Although DOE has stated publicly that it interprets Title VI consistent with the First Amendment, the agency provides much of its guidance to universities privately. Some news reports suggest that DOE’s private guidance may be inconsistent with the First Amendment.

The Knight Institute submitted its FOIA request and filed this lawsuit because of the substantial public interest in DOE’s guidance to universities since October 7, 2023. It would help explain why institutions of higher education have responded to student protests in the way they have, and what obligations DOE believes institutions of higher education have in relation to student protests taking place now.

Agencies Involved: Department of Education (Office for Civil Rights)

Status: Filed on November 4, 2024.

Case Information: Knight Institute v. Department of Education, No. 24-cv-08393 (S.D.N.Y.)