‘Lack of clarity’ in Mississippi DEI ban prompts funding cuts to university student clubs

A Mississippi law banning diversity, equity, and inclusion programs recently prompted public universities to stop giving money to student clubs, drawing criticism from student leaders and raising concerns among free speech advocates.

As of right now, House Bill 1193 is blocked by a federal judge’s order, but if enforced, it would prohibit “creating, promoting and implementing diversity, equity, and inclusion programs” in the public education system, including universities. It also bans diversity statements in hiring and admissions.

Although the law exempts student organizations, Mississippi Today reports it does not specifically exempt student activity fees collected by the university, which are used to fund these organizations. 

Because these fees are considered state money and because the bill prohibits DEI programs that some student clubs may support, the University of Mississippi and Mississippi State University both announced the stoppage of funding to student groups at the end of August. 

“It is disappointing that the lack of clarity in HB 1193 has put Mississippi’s universities in a situation where they must decide between violating the First Amendment, potentially violating the law, or eliminating student organization funding entirely,” Michael Hurley, government affairs counsel for the Foundation for Individual Rights and Expression, told The College Fix in a recent email.

On Aug. 29, the University of Mississippi Provost Noel Wilkin announced that, due to the law, the Student Activity Fee would no longer be used to fund student groups, according to Mississippi Today. Instead, university administrators will use the money to plan student activities and events.

Earlier this summer, the university also ended its involvement with the Oxford Pride Parade in response to the DEI law, according to a report by The Daily Mississippian. 

When contacted for comment, University of Mississippi Student Body President Jack Jones referred The Fix to his statement on the Student Activity Fee change. 

“Since its inception, the SAF has been managed by the Associated Student Body, and we have experienced enormous success with the student-led program. So much so that in 2021, students voted once again in support of raising the fee,” Jones said in the statement from Aug. 29.

“The SAF was created by students, is managed by students, and is allocated to students — all to support activities for students,” he added.

Jones also stated that “many of our student organizations rely almost exclusively on funding from the SAF.” He promised to meet with other Mississippi student leaders and work alongside the university to help students “control the process.”

The university media relations office did not respond to two emails from The Fix asking about events and activities it is planning with the funds and any student clubs or organizations that have shut down due to the lack of funding.

At Mississippi State University, the Student Association also stopped distributing activity fees at the end of August, citing the DEI law as the reason, the student newspaper, The Reflector, reported. 

“The money that we would have used for appropriations this semester, we’re not spending it,” student government Treasurer Mary Foster said, according to the report. “It’s just going to sit there, hopefully to double next semester, and then we’ll give out twice as much.”

When asked about the situation, FIRE’s Hurley told The Fix that public higher education institutions cannot discriminate when they distribute these fees to student organizations.

“Regarding DEI-specific restrictions on student organization funding, the Supreme Court has been clear: when universities collect mandatory student activity fees, they must distribute those funds in a viewpoint neutral manner,” he said.

“Denying student activity fees to an organization just because it promotes DEI or endorses so-called ‘divisive concepts’ would be a clear case of viewpoint discrimination. Accordingly, if universities attempt to limit student organization funding in this way, they violate the First Amendment and open themselves up to lawsuits,” he added.

While FIRE “takes no position on whether universities should provide funding to student organizations,” Hurley said that “when they decide to provide such funding, they must do so in a viewpoint-neutral manner and protect the associational rights of students.”

Adam Kissel, visiting lecturer at Trinity College, offered a different perspective on the situation in a recent email to The Fix. 

“Universities should reconsider whether to assess such fees in the first place,” he said. 

Kissel described student activity fees as “an involuntary tax on participation in the educational programs of a university.” A consequence of having such a fee is that “it teaches students that central planning instead of free choice is the norm, which cuts against our free society,” he said.

Generally, a university’s student government distributes these fees. 

“It is unusual but legitimate for a university to make the allocation decisions without involving students, which is what Mississippi universities have apparently chosen to do,” Kissel said. 

No matter who distributes the funds, “viewpoint discrimination is off the table,” he told The Fix. 

Kissel stated, “It’s likely that if a public university uses a student activity fee without opening the funds to competitive applications, its allocations can lawfully express the university’s own values as ‘government speech.’”

“Public universities should consider institutional neutrality for use of the student activity fee instead,” Kissel said.

The Fix also reached out to a number of University of Mississippi student organizations via email and social media, including the Korean Students Association, the Black Fashion Society, the Native American and Indigenous Student Association, and the Minority Association of Pre-Medical Students, to ask about the funding, but none responded.

The American Civil Liberties Union of Mississippi is challenging the law in court. The legal group’s media relations office did not respond to The Fix’s email last week, asking for comment on the law and student activity fees.