The College Fix

Scholar says waiver for BIPOC writers is ‘clearly unconstitutional’

The Arkansas International literary magazine is facing an uncertain future as its founding editor confirmed he is stepping down and a race-based fee waiver draws scrutiny.

Meanwhile, the magazine’s ties to the University of Arkansas alongside a submission policy that offers a fee waiver for “those who identify as BIPOC” are raising legal red flags, an education policy expert and former Arkansas professor told The College Fix.

Until recently, the Arkansas International listed itself as affiliated with the University of Arkansas, with both founding editor Geoffrey Brock and his wife, novelist Padma Viswanathan, appearing at the top of the magazine’s online masthead. Both are creative writing professors at the university.

However, Brock told The College Fix that “the magazine is no longer associated with the University of Arkansas in any way, and is currently undergoing a reorganization, and I too will be stepping away from it.

“In short, much is up in the air,” he said in a recent email.

The literary magazine, which Brock established in 2016, publishes “transnational literature” and aims to “bring writers around the world into conversation with each other,” according to its website.

It has drawn public funding from the university’s Chancellor’s Fund through its Writer-at-Risk Residency Program, as well as federal funding through the National Endowment of the Arts, according to its website.

The magazine’s Submittable page notes that while Arkansas International does not accept free submissions, it waives the fee for those who identify as BIPOC, an acronym for black, indigenous, and people of color.

The page reads, “While we are no longer open to free submissions, we are happy to offer waivers to those identifying as BIPOC or in need of financial assistance.”

When asked about the waiver, Brock declined to comment further, citing the magazine’s reorganization. The Fix also asked about university funding for the magazine, and the number of waivers, if any, the magazine gave to BIPOC writers.

Brock also did not explain when the affiliation with the university ended or why.

At the time of publication, the magazine’s masthead and website had not been updated to reflect Brock’s announced departure or the shift in affiliation. The Arkansas International’s Writers-at-Risk Residency page also still lists the university Chancellor’s Fund as a sponsor.

The most recent issue came out in the fall of 2024.

However, a former University of Arkansas professor said he believes the waiver may be illegal.

Jay Greene told The Fix that the policy appears to violate constitutional protections and public institutions cannot legally apply different fee structures based on race.

“I was not aware of this discriminatory practice at the University of Arkansas,” Greene told The College Fix in a recent email. Greene is a senior research fellow at the Heritage Foundation.

Upon review of the waiver, Greene told The Fix: “This is clearly unconstitutional. If you can’t charge a higher fee to Black people, you are also prohibited from doing the reverse. We need enforcement of the law.”

The College Fix also reached out three times to John Thomas, the media relations manager at the University of Arkansas, to ask about the magazine and the BIPOC waiver, but did not receive a response.

In 2023, the U.S. Supreme Court struck down affirmative action in college admissions which heightened scrutiny of race-based initiatives across higher education.

Since then, The Fix has reported about a number of higher education institutions that have faced civil rights complaints or lawsuits for offering scholarships or making hiring and enrollment decisions allegedly based on a person’s race, ethnicity, or sex.

MORE: Tennessee university hit with civil rights complaint over 17 race-based scholarships

IMAGE CAPTION AND CREDIT: A notice offers to waive the submission fee for BIPOC writers in front of two recent issues of the Arkansas International magazine; the Arkansas International

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