Spotlight on Speech Codes 2026

“Freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are circumstances which permit an exception, they do not now occur to us.”

— U.S. Supreme Court, West Virginia State Board of Education v. Barnette (1943)

Major Findings

1. The percentage of colleges and universities earning an overall “red light” rating in FIRE’s Spotlight database has hit an all-time low — this year to 13.2%. This is an approximately one-and-a-half percentage point drop from last year, and is more than 55 percentage points lower than the percentage of red light institutions in FIRE’s first, 2006 report in which 68.6% of all institutions earned a red light rating. 
2. 69.4% of institutions now earn an overall “yellow light” rating. Though less restrictive than red light policies, yellow light policies still restrict expression that is protected under First Amendment standards and invite administrative abuse.
3. A total of 76 colleges and universities now earn an overall “green light” rating, up from 73 schools as of last year’s report. Policies earn a green light rating when they do not seriously threaten protected expression. For the second year in a row, more institutions earn a green light rating (76) than a red light rating (66). This gulf widens at public schools, where the number of public schools earning a green light rating (68) eclipses the number of private schools earning a red light rating (37) by over 30. 
4. One hundred and twenty university administrations or faculty bodies have now adopted policy statements in support of free speech modeled after the “Report of the Committee on Freedom of Expression” at the University of Chicago (the “Chicago Statement”), released in January 2015.
5. Forty-seven institutions have adopted an official position of institutional neutrality substantially similar to the principles set forth in the University of Chicago’s “Report on the University’s Role in Political and Social Action” (the “Kalven Report”).

Executive Summary

Since 2006, FIRE’s Spotlight on Speech Codes report has emphasized the importance of the written policies in place at hundreds of America’s top colleges and universities. Most college students in the United States should be able to expect that freedom of expression will be upheld on their campuses. After all, public institutions are legally bound by the First Amendment, and the vast majority of private colleges and universities promise their students commensurate free speech rights.

This report comes at a time when nearly 70% of those surveyed nationally believe things in America are heading in the wrong direction when it comes to whether people are able to freely express their views. Given this background, one might think it is more important than ever for university leaders to ensure their policies comport with First Amendment standards. Nevertheless, far too many colleges across the country still fail to live up to their free speech obligations in policy and in practice. Often, this is enabled by the maintaining of speech codes: university policies that restrict expression protected by the First Amendment.

FIRE continues to urge every school that claims to respect their students’ free speech rights to revise their policies to meet First Amendment standards. 

For our 2026 report, FIRE surveyed the written policies of 493 colleges and universities, evaluating their compliance with First Amendment standards. Overall, 65 (13.2%) earn an overall “red light” rating for maintaining policies that clearly and substantially restrict free speech. 342 (69.4%) earn an overall “yellow light” rating for maintaining policies that impose vague regulations on expression. And 76 (15.4%) earn an overall “green light” rating for maintaining policies that do not seriously imperil free expression. In addition, ten schools (2%) earn a “Warning” rating because they clearly and consistently state that they hold a certain set of values above a commitment to freedom of speech.

This marks the second year in a row where the number of green light schools outnumbers the number of red light schools. FIRE was pleased to welcome the University of Alabama; University of California, Davis; and University of West Florida to the green light list this year.

Spotlight on Speech Codes

FIRE surveys speech codes at America’s top colleges and universities, providing readers with key data on individual schools and national trends.

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In addition, the continued reduction in red light schools leaves a troubling trend in the past: In two straight reports — between 2022 and 2024 — the number of red light schools increased. This trend followed a streak of 14 reports — between 2009 and 2022 — of the number of red light schools falling annually. Since 2024’s report identified 98 red light schools, each report since has identified fewer, with a record-low 65 red light schools in this report.

In general, private schools maintain more restrictive speech codes than their public counterparts: Private schools are significantly less likely to earn green light ratings and more likely to earn red light ratings than public schools. Just 9.8% of public schools earn red light ratings, the first time in the history of the report that the number of public schools earning red lights has fallen below 10%. Meanwhile, 24.6% of private schools do. Similarly, nearly 18% of public schools earn green lights while only 7% of private schools earned that distinction.

Below, you can learn about our methodology, some additional takeaways, and a comprehensive list of individual schools’ ratings.

If you’d like to encourage a school you care about to revise its speech codes, FIRE is here to help! For more information, contact: speechcodes@fire.org

Methodology

FIRE rated 379 four-year public institutions and 114 private institutions nationwide on the extent to which their written regulations on student expression restrict free speech. 

A red light institution maintains at least one policy that both clearly and substantially restricts freedom of speech or bars public access to its speech-related policies by requiring a university login and password for access.

A yellow light institution maintains policies that could too easily be applied to suppress protected speech or maintains policies that, while clearly restricting freedom of speech, restrict it in more narrow circumstances.

If FIRE finds that a university’s written policies do not seriously threaten student expression, we award it a green light rating.

FIRE gives a “Warning” rating to a university when it clearly and consistently states that it holds a certain set of values above a commitment to freedom of speech so as to alert prospective students and faculty members. This assessment is based solely on a school’s written regulations and does not take into account its broader climate for free speech.

Indeed, the speech code ratings do not evaluate a university’s “as-applied” violations of student speech rights or other cases of censorship, student- or faculty-led calls for punishment of protected speech, or related incidents and controversies. For a look at the campus climate at top colleges that takes such factors into account, please see FIRE’s annual College Free Speech Rankings at: rankings.fire.org.

Twenty Years of Spotlight

Two decades ago, FIRE introduced what was then, and remains today, “the most comprehensive effort yet to quantify both the number of schools that significantly restrict students’ and faculty members’ speech and the severity of those restrictions.” We explained our purpose plainly:

It is FIRE’s hope that by exposing the extent of the problem, we will draw increased public attention to the sad state of free speech on American campuses. Public scrutiny is perhaps the greatest weapon against these abuses.

Plenty of problems still remain. But it is worth pausing to reflect on and celebrate the substantial progress that has been made since those words were written.

Consider the introductory section of our first report. It highlighted egregious policy language at three schools: Davidson College in North Carolina, which prohibited “patronizing remarks” and “dismissive comments;” Jacksonville State University in Alabama, which maintained a policy allowing students to be punished if they “offend” anyone “on university owned or operated property;” and the University of Mississippi, which declared that “offensive language is not to be used” over the telephone.

None of those policies remain in place. The University of Mississippi now earns an overall green light rating. Davidson and Jacksonville State have each improved from red to yellow light ratings. And North Carolina, home to Davidson, now has more green light schools than any other state, with 15. To put that in perspective, only eight schools in the entire country earned a green light rating in our first report.

The number of green light schools nationwide has increased from eight in our first report to 76 today. Most of that growth has come in the last decade, with 54 schools earning a green light rating since 2017. A majority of states now have at least one school with a green light rating.

Much of this can be attributed to the work FIRE has done with schools motivated to reform their policies. Revising even one red light policy that clearly restricts free speech is no small thing. But schools deserve particular credit when they do the harder work of ensuring they have no written policies that seriously threaten protected expression. FIRE has supported administrators committed to that goal, and dozens of campuses have now earned our highest rating.

Meanwhile, the number of red light schools nationwide peaked at 270 in our 2009 report. For 14 consecutive reports, until our 2023 report, that number decreased each year. Public scrutiny almost certainly helped drive that decline. After all, years of conversations with suddenly motivated university administrators confirm what we have long believed: Schools do not like seeing their worst policies highlighted in FIRE’s reports. After a brief backslide discussed elsewhere, we are encouraged to see the positive trend continue. This year’s report documents an all-time low number of red light schools, just 65.

Much of this progress has occurred at public colleges and universities, which must respect the First Amendment. Private institutions often promise students free speech protections, but their legal obligations differ. So one might reasonably expect some gap between public and private institutions, with public colleges paying especially close attention to their duty to protect campus speech.

Early in the history of our Spotlight reports, though, there was little difference between the speech codes in place at public and private schools. In our 2010 edition, for example, 71.4% of public schools and 70.6% of private schools had a red light rating. In the 16 years that have passed, the rates at both public and private schools have fallen significantly but public schools have done a noticeably better job at revising their worst, red light policies. Now, only 9.8% of public schools receive a red light rating while nearly a quarter, 24.6%, of private schools still earn a red light rating. This positive shift reflects the combined effect of litigation, legislation, public scrutiny, and sustained policy reform work, including FIRE’s long-running efforts in each of those areas.

Taken together, the gap between public and private schools, coupled with the consistent decline of red light schools across the board, point to a healthier environment for free speech on campus. More schools appear to be taking their free speech obligations seriously when adopting and revising their written policies.

Still, the work is not done. FIRE continues to urge every school that claims to respect their students’ free speech rights to revise their policies to meet First Amendment standards. And we promise to continue to work regularly with administrators at public and private schools to improve the state of free speech on campuses across the country.

Spotlight On: Evolving Pressures on Campuses

Over the past several years, college administrators have had to grapple with a global pandemic, the #MeToo movement, the Black Lives Matter movement, nationwide encampment protests following the October 7th terrorist attacks and ensuing Israel/Palestine conflict, and a new presidential administration that quickly trained its focus on the higher education space. And that is all on top of the ordinary, day-to-day work of running a college or university.

None of these issues has an easy, crowd-pleasing solution. Still, many schools have fallen short in their responses. The common thread is hard to miss: Too many campuses lack a healthy culture of free speech.

In the midst of hot-button culture war topics, too many schools issued countless statements of support of various movements, expanded their offices of Diversity, Equity, and Inclusion, and bulked up their bias response teams. This stretch is captured in our 2023 and 2024 reports, when a 14-year streak of declining total red light schools was snapped, as the number of red light schools increased in back-to-back years. Yet these choices did little to improve trust or comfort among students, and the public’s confidence in higher education reached record lows in 2023 and 2024.

That strong culture of free speech begins with written policies protecting the free speech rights of the campus community.

The nationwide encampments and campus protests that followed Oct. 7 served as a stress test for institutional policies and campus free speech culture. Broadly speaking, America’s colleges and universities failed that test. Many administrators either lacked written policies to address the protests or failed to enforce their standing policies reasonably. Some revised their policies overnight to target specific protests. In the past, college leaders had been able to issue a statement on political or social issues to make enough of the campus happy. Now, they have suddenly faced backlash for even appearing to take sides in their statements, prompting them to issue as many as three follow-up statements in an effort to satisfy a fractured campus community.

Amid the fallout, when presidents of elite institutions tried to invoke their commitments to freedom of speech before Congress, they were mocked, with some members of Congress referencing FIRE’s College Free Speech Rankings as tangible evidence that undermined the presidents’ claims. Their free speech muscle had atrophied. Since then, institutions have been forced to re-evaluate their commitments to free expression, their approach to using their institutional voice, and how they teach their students about speech.

The re-election of President Donald Trump only increased scrutiny of higher education in the form of federal investigations, lawsuits, shifts in research funding, and more. At the same time, many state legislatures have prioritized higher education during their sessions, adopting legislation with an eye towards reforming what they view as existential issues in higher education. Some of these actions have been positive; many have been negative; FIRE has worked to call balls and strikes throughout.

One downstream effect of this renewed focus on free speech issues at America’s colleges and universities from external sources is that it has prompted internal review at many schools. Dozens of schools and school systems, for example, have adopted an official position of institutional neutrality substantially similar to the principles set forth in the University of Chicago’s Kalven Report. Such a commitment signals that the school recognizes that it should not, as an institution, take positions on social and political issues, instead leaving those discussions to students and faculty.

In addition, schools have used FIRE’s resources to aid in reviewing their own written policies. In our 2025 report, we highlighted that many schools with only one or two yellow light policies were newly motivated to prioritize revising those policies to earn our green light rating. In this report, we see that trend continuing among schools that had, for years, maintained one or two red light policies. With external scrutiny at an all-time high, many schools were newly motivated to revise these egregious policies and improve their rating.

Of the sixteen schools whose ratings changed between our 2025 report and this 2026 edition, thirteen of those changes were positive. Three schools improved from a yellow light rating to our highest, green light rating. Ten schools improved from our worst, red light rating to a yellow light rating. Only three schools backslid from a yellow light rating to a red light: Bard University, Tulane University, and the State University of New York College of Environmental Science and Forestry. Over time, we have seen that schools that prioritize free speech in written policies and practice are better prepared for speech controversies when they inevitably arise. So whatever their current motivation, it is a positive development when schools improve their written policies. FIRE continues to invite schools to work with us to do so.

College administrators have a difficult job, and the pressure continues to climb. This section does not even include those beyond the scope of this report, including threats to tenure and shared governance, a growing demographic cliff coupled with mounting costs, and a lack of viewpoint diversity in the academy. Yet the last several years demonstrate that a failure to cultivate a strong foundation for free speech before a crisis arises lays the groundwork for that crisis to balloon, ending careers, costing money, and setting the institution back years. That strong culture of free speech begins with written policies protecting the free speech rights of the campus community. And while this report demonstrates that America’s colleges and universities are moving in the right direction, it also shows how much work remains.

Appendices

Schools By Rating

Red Light

Adams State University
Alabama A&M University
Bard College
Bates College
Bemidji State University
Boston College
California State University - Dominguez Hills
California State University - Fresno
Cheyney University of Pennsylvania
Chicago State University
Connecticut College
Dakota State University
Delaware State University
Dickinson College
Drexel University
Eastern Illinois University
Evergreen State College
Fort Lewis College
Grinnell College
Howard University
Indiana State University
Kean University
Lafayette College
Lake Superior State University
Lewis-Clark State College
Lincoln University
Loyola Marymount University
Loyola University Chicago
Macalester College
Marquette University
Metropolitan State University
Middlebury College
Mount Holyoke College
Northeastern University
Northern Vermont University
Portland State University
Princeton University
Reed College
Rice University
Saint Cloud State University
Santa Clara University
Smith College
Southern Illinois University at Carbondale
Southern Illinois University Edwardsville
Southwest Minnesota State University
State University of New York - Fredonia
State University of New York - New Paltz
State University of New York College of Environmental Science and Forestry
Stevens Institute of Technology
Tennessee State University
Troy University
Tufts University
Tulane University
Union College
University of Alaska Anchorage
University of Central Oklahoma
University of Louisiana Lafayette
University of Massachusetts at Lowell
University of Miami
University of Notre Dame
University of Texas at Dallas
Villanova University
Virginia State University
Westfield State University
Winona State University

Yellow Light

Alabama State University
American University
Amherst College
Angelo State University
Arkansas State University
Athens State University
Auburn University at Montgomery
Ball State University
Barnard College
Baruch College, City University of New York
Binghamton University, State University of New York
Black Hills State University
Bloomsburg University of Pennsylvania
Boise State University
Boston University
Bowdoin College
Bowling Green State University
Brandeis University
Bridgewater State University
Brooklyn College, City University of New York
Brown University
Bryn Mawr College
Bucknell University
California Institute of Technology
California Maritime Academy
California Polytechnic State University
California State Polytechnic University, Humboldt
California State Polytechnic University, Pomona
California State University - Bakersfield
California State University - Channel Islands
California State University - Chico
California State University - East Bay
California State University - Fullerton
California State University - Long Beach
California State University - Los Angeles
California State University - Monterey Bay
California State University - Northridge
California State University - Sacramento
California State University - San Bernardino
California State University - San Marcos
California State University - Stanislaus
Cameron University
Carleton College
Carnegie Mellon University
Case Western Reserve University
Central Connecticut State University
Central Michigan University
Central Washington University
Centre College
Chapman University
Christopher Newport University
Clark University
Coastal Carolina University
Colby College
Colgate University
College of Charleston
College of the Holy Cross
Colorado College
Colorado School of Mines
Colorado State University
Colorado State University Pueblo
Columbia University
Cornell University
Davidson College
DePaul University
East Stroudsburg University of Pennsylvania
East Tennessee State University
Eastern Michigan University
Eastern New Mexico University
Eastern Washington University
Ferris State University
Fitchburg State University
Florida A&M University
Florida Atlantic University
Florida Gulf Coast University
Florida International University
Fordham University
Fort Hays State University
Framingham State University
Franklin & Marshall College
Frostburg State University
Furman University
George Washington University
Georgetown University
Georgia Gwinnett College
Georgia Southern University
Georgia State University
Gettysburg College
Governors State University
Grambling State University
Grand Valley State University
Hamilton College
Harvard University
Harvey Mudd College
Haverford College
Henderson State University
Hunter College, City University of New York
Idaho State University
Illinois State University
Indiana University - Bloomington
Indiana University - Kokomo
Indiana University - Purdue University Columbus
Indiana University - Purdue University Indianapolis
Indiana University of Pennsylvania
Indiana University South Bend
Indiana University, East
Indiana University, Northwest
Indiana University, Southeast
Iowa State University
Jacksonville State University
James Madison University
Johns Hopkins University
Kennesaw State University
Kent State University
Kentucky State University
Kenyon College
Knox College
Kutztown University of Pennsylvania
Lehigh University
Lock Haven University of Pennsylvania
Longwood University
Louisiana State University - Baton Rouge
Louisiana State University - Shreveport
Mansfield University of Pennsylvania
Marshall University
Massachusetts College of Liberal Arts
Massachusetts Institute of Technology
Metropolitan State University of Denver
Miami University of Ohio
Michigan State University
Middle Georgia State University
Millersville University of Pennsylvania
Missouri State University
Montana State University
Montana Tech of the University of Montana
Montclair State University
Morehead State University
Murray State University
New College of Florida
New Jersey Institute of Technology
New Mexico State University
New York University
Nicholls State University
Norfolk State University
North Carolina A&T State University
North Dakota State University
Northeastern Illinois University
Northern Illinois University
Northern Kentucky University
Northern Michigan University
Northwestern Oklahoma State University
Northwestern State University
Northwestern University
Oakland University
Oberlin College
Occidental College
Ohio University
Oklahoma State University - Stillwater
Old Dominion University
Pennsylvania State University - University Park
PennWest California
PennWest Clarion
Pittsburg State University
Pitzer College
Pomona College
Queens College, City University of New York
Rensselaer Polytechnic Institute
Rhode Island College
Rogers State University
Rowan University
Rutgers University - New Brunswick
Saginaw Valley State University
Salem State University
Sam Houston State University
San Diego State University
San Francisco State University
San Jose State University
Scripps College
Sewanee, The University of the South
Shawnee State University
Skidmore College
Slippery Rock University
Sonoma State University
South Dakota State University
Southeast Missouri State University
Southeastern Louisiana University
Southern Connecticut State University
Southern Methodist University
Southern Oregon University
Southern Utah University
St. Olaf College
Stanford University
State University of New York - Albany
State University of New York - Geneseo
State University of New York - Oswego
State University of New York - University at Buffalo
Stockton University
Stony Brook University
Swarthmore College
Syracuse University
Tarleton State University
Temple University
Tennessee Technological University
Texas Southern University
Texas State University - San Marcos
Texas Tech University
Texas Woman's University
The City College of New York
The College of New Jersey
The Ohio State University
The University of Virginia's College at Wise
Towson University
Trinity College
University of Akron
University of Alabama at Birmingham
University of Alabama in Huntsville
University of Alaska Fairbanks
University of Alaska Southeast
University of Arkansas - Fayetteville
University of California Berkeley
University of California Irvine
University of California Merced
University of California Riverside
University of California San Diego
University of California Santa Barbara
University of California Santa Cruz
University of Central Arkansas
University of Central Florida
University of Central Missouri
University of Cincinnati
University of Colorado Colorado Springs
University of Colorado Denver
University of Connecticut
University of Delaware
University of Denver
University of Georgia
University of Hawaii at Manoa
University of Hawaii Hilo
University of Houston
University of Houston - Downtown
University of Idaho
University of Illinois at Chicago
University of Illinois at Springfield
University of Illinois at Urbana-Champaign
University of Iowa
University of Kansas
University of Kentucky
University of Louisiana at Monroe
University of Maine
University of Maine at Fort Kent
University of Maine Presque Isle
University of Mary Washington
University of Maryland, Baltimore County
University of Massachusetts - Amherst
University of Massachusetts - Boston
University of Massachusetts at Dartmouth
University of Memphis
University of Michigan - Ann Arbor
University of Michigan - Dearborn
University of Michigan - Flint
University of Minnesota - Morris
University of Minnesota - Twin Cities
University of Missouri-Kansas City
University of Montana
University of Montana Western
University of Montevallo
University of Nebraska - Lincoln
University of Nebraska Omaha
University of Nevada, Las Vegas
University of Nevada, Reno
University of New Mexico
University of New Orleans
University of North Alabama
University of North Georgia
University of North Texas
University of Northern Colorado
University of Northern Iowa
University of Oklahoma
University of Oregon
University of Pennsylvania
University of Pittsburgh
University of Rhode Island
University of Richmond
University of Rochester
University of South Alabama
University of South Dakota
University of South Florida at Saint Petersburg
University of Southern California
University of Southern Indiana
University of Southern Maine
University of Texas at Arlington
University of Texas at Austin
University of Texas at El Paso
University of Texas at San Antonio
University of Texas at Tyler
University of Texas Rio Grande Valley
University of Toledo
University of Utah
University of Vermont
University of Washington
University of West Alabama
University of West Georgia
University of Wisconsin - Eau Claire
University of Wisconsin - Green Bay
University of Wisconsin - La Crosse
University of Wisconsin - Madison
University of Wisconsin - Oshkosh
University of Wisconsin - Stout
University of Wisconsin Milwaukee
University of Wyoming
Utah State University
Utah Valley University
Valdosta State University
Vassar College
Virginia Polytechnic Institute and State University
Wake Forest University
Washington and Lee University
Washington State University
Washington University in St. Louis
Wayne State University
Weber State University
Wellesley College
Wesleyan University
West Chester University of Pennsylvania
West Virginia University
Western Colorado University
Western Illinois University
Western Kentucky University
Western Oregon University
Western Washington University
Wheaton College
Whitman College
Wichita State University
William Paterson University
Williams College
Winston-Salem State University
Worcester Polytechnic Institute
Worcester State University
Wright State University
Yale University
Youngstown State University

Green Light

Alcorn State University
Appalachian State University
Arizona State University
Auburn University
Claremont McKenna College
Clemson University
Cleveland State University
Colorado Mesa University
Dartmouth College
Delta State University
DePauw University
Duke University
East Carolina University
Eastern Kentucky University
Elizabeth City State University
Emory University
Fayetteville State University
Florida State University
George Mason University
Georgia Institute of Technology
Jackson State University
Kansas State University
Keene State College
Louisiana Tech University
McNeese State University
Michigan Technological University
Middle Tennessee State University
Mississippi State University
Missouri University of Science & Technology
North Carolina Central University
North Carolina State University
Northern Arizona University
Oregon State University
PennWest Edinboro
Plymouth State University
Purdue University
Purdue University Fort Wayne
Purdue University Northwest
Radford University
Shippensburg University
State University of New York - Brockport
State University of New York - Plattsburgh
Texas A&M University
The College of William & Mary
University of Alabama
University of Arizona
University of California Davis
University of California Los Angeles
University of Chicago
University of Colorado at Boulder
University of Florida
University of Louisville
University of Maryland - College Park
University of Mississippi
University of Missouri - Columbia
University of Missouri - St. Louis
University of New Hampshire
University of North Carolina - Pembroke
University of North Carolina at Asheville
University of North Carolina Chapel Hill
University of North Carolina Charlotte
University of North Carolina Greensboro
University of North Carolina School of the Arts
University of North Carolina Wilmington
University of North Dakota
University of North Florida
University of South Carolina Columbia
University of South Florida
University of Southern Mississippi
University of Tennessee Knoxville
University of Tulsa
University of Virginia
University of West Florida
Vanderbilt University
Virginia Commonwealth University
Western Carolina University

Warning Rating

Air Force Academy
Baylor University
Brigham Young University
Hillsdale College
Pepperdine University
Regis University
Saint Louis University
United States Military Academy
United States Naval Academy
Yeshiva University

Rating Changes, 2025-2026 Academic Year

Schools At Which A Faculty or Administrative Body Has Adopted A Version Of The ‘Chicago Statement’

Schools At Which An Administrative Body Has Adopted An Official Position of Institutional Neutrality