'TIRED OF IT': Law professor highlights shift in college students away from wokeness

Key Concepts

• Equal Protection Project: An organization challenging discriminatory programs in education based on race and ethnicity.
• Strict Scrutiny: The legal standard requiring an extraordinarily compelling reason for any racial preference in higher education.
• Racial Signaling: Programs or initiatives that, while not explicitly race-based, disproportionately target or benefit specific racial groups.
• Puente Project: A California community college program specifically targeting Hispanic students.
• "Woke Culture": A term referring to heightened awareness of social justice issues, often associated with progressive activism on college campuses.

The Persistence of Racial Preference in California Higher Education

William Jacobson, Cornell University law professor and founder of the Equal Protection Project, argues that despite the Supreme Court’s ruling against the use of race in admissions, racial preferences persist within the California higher education system. He characterizes California as “a particular problem” due to its widespread implementation of programs offering benefits based on race and ethnicity, describing the state’s education system as “addicted to group identity.” Jacobson asserts that schools are not voluntarily complying with the Supreme Court’s directive and require consistent legal challenges to enforce equal protection under the law.

The Equal Protection Project actively challenges these programs “school by school,” having filed claims against the University of California (UC) system, the California State (Cal State) system, and specifically against the University of California, Berkeley, targeting five discriminatory programs. Jacobson emphasizes the need for a “street by street, house by house battle” to eradicate this form of “racism” from the educational system.

Legal Standards and Program Challenges

Jacobson clarifies the legal threshold for implementing racial preferences in higher education. He states that invoking any racial preference requires meeting “strict scrutiny,” meaning an “extraordinary reason” must be demonstrated. This standard applies not only to admissions but also to scholarships and programming. He highlights that the legal landscape effectively prohibits racial preferences, even if indirectly implemented.

A specific example cited is the “Puente Project,” operating across 65 California community colleges. This program specifically targets Hispanic students, with participation overwhelmingly comprised of individuals from that demographic. Jacobson questions the message this sends to students of other racial backgrounds, suggesting it creates an environment where they may feel unwelcome. He labels this type of program as “racial signaling,” where the program’s structure implicitly favors a particular racial group.

Shifting Campus Culture and Student Sentiment

The discussion then shifts to a perceived change in campus culture, referencing an op-ed in The Boston Globe suggesting that college students are becoming “less woke.” Jacobson acknowledges the difficulty in quantifying this shift but states, “in my gut, yes,” he believes a change is occurring. He observes a growing fatigue among students, particularly at Cornell University, with what he describes as “forced” progressive ideology.

He notes a potential “backlash” against the intense focus on social justice issues prevalent during the 2020 and 2021 Black Lives Matter protests and riots. While acknowledging that campuses generally lean liberal, Jacobson believes the intensity of “woke culture” has diminished. He qualifies this observation, stating it is based on a “sense” rather than concrete data.

The Ongoing Fight for Equal Protection

The interview concludes with a reaffirmation of Jacobson’s commitment to challenging discriminatory practices in education. The conversation implicitly highlights the ongoing legal and cultural battles surrounding issues of race and equity in higher education, even after landmark Supreme Court decisions. The Equal Protection Project’s approach is presented as a necessary and continuous effort to ensure compliance with the law and promote equal opportunity for all students.