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Showing posts with label libertarianism. Show all posts
Showing posts with label libertarianism. Show all posts

Wednesday, June 03, 2026

Proving the Value of Higher Education Requires Defending It, by Angela Valenzuela, Ph.D. June 3, 2026

Proving the Value of Higher Education Requires 

Defending It

by

Angela Valenzuela, Ph.D.

June 3, 2026

Allison Schrager’s recent Bloomberg Opinion column posted below, “Colleges Face a Choice: Prove Their Value or Risk Losing Students,” responds to Yale University’s report on public trust in higher education by arguing that colleges and universities must restore public confidence by demonstrating clearer value to students and families (Schrager, 2026). On the surface, this is a reasonable concern. Higher education is expensive. Admissions practices can be opaque. Students and parents worry about debt, employment, and whether a degree is worth the investment. Universities should take these concerns seriously.

But the problem with Schrager’s framing is that it treats mistrust as if it were primarily an institutional failure of higher education itself. That is only part of the story. As I argued in my earlier TexasEdEquity critique of the Yale report on this blog, the crisis we are facing is not simply a crisis of trust in higher education. It is a restructuring of higher education itself (Valenzuela, 2026). 

The question is not only whether universities can prove their value to the public. The question is whether the public will still be allowed to have universities worthy of trust.

Schrager writes that colleges need to prove their value or risk losing students. She is especially concerned about first-generation students who may already be uncertain about whether college is worth the time, money, and risk. That concern is real. As someone who has spent my career focused on educational equity, Mexican American and Latina/o schooling, and the public mission of universities, I share it. First-generation students deserve institutions that support them, challenge them, graduate them, and prepare them for meaningful lives and livelihoods.

Yet a narrow “return on investment” framing can unintentionally reinforce the very forces that are diminishing higher education’s democratic purpose. If the value of college is reduced to wages alone, then fields that cultivate historical understanding, critical thought, civic imagination, ethical judgment, cultural knowledge, and democratic participation become vulnerable to attack. If universities are judged only by immediate labor-market outcomes, then education becomes training, students become consumers, faculty become service providers, and the public university becomes a credentialing arm of the economy.

That is too small a vision. And not at all becoming of the University of Texas at Austin, one of only two of the state's flagship institutions.

The value of higher education is not simply that it helps people get jobs, though it often does. Its deeper value is that it helps people navigate complexity in an ever-changing world. It teaches students to read closely, reason carefully, evaluate evidence, ask better questions, understand historical context, communicate across difference, and participate in democratic life. These are not luxuries. They are survival skills for a society facing climate disruption, artificial intelligence, democratic backsliding, economic inequality, racial conflict, public health crises, and disinformation at scale.

Indeed, employers themselves continue to say that they value precisely these capacities. The Association of American Colleges and Universities has repeatedly found that employers want graduates who can think critically, communicate effectively, adapt, solve complex problems, and work across difference (Finley, 2023, 2025). These are not narrow technical competencies. They are liberal learning outcomes. They are also democratic capacities.

So when Schrager suggests that “less elite” schools may need to become “less academic” and provide more job training, we should pause. Students from working-class, first-generation, rural, Black, Brown, Indigenous, and immigrant communities do not deserve a thinner education than students at Yale. They do not deserve only training while elites receive philosophy, history, literature, political theory, art, science, and critical debate. That would reproduce the very hierarchy higher education should challenge: broad intellectual formation for the privileged, narrow workforce preparation for everyone else.

The problem is not that public universities are too academic. The problem is that they are being pressured to abandon their academic and democratic missions in order to survive political attack, austerity, and market discipline (Valenzuela, 2026; also see Wray, 2024).

This is where Schrager’s institutional affiliation matters. Schrager is identified as a senior fellow at the Manhattan Institute. That does not disqualify her from writing about higher education, nor does it mean every point she makes is wrong. But it does require context. 

The Manhattan Institute is not a neutral observer of higher education’s trust crisis. It has been directly involved in campaigns to reshape public universities, including through model legislation aimed at abolishing DEI bureaucracies, ending mandatory diversity training, restricting diversity statements, and eliminating identity-based preferences (Manhattan Institute, 2023). Inside Higher Ed reported that Florida Governor Ron DeSantis’s anti-DEI higher education agenda drew from Manhattan Institute model legislation developed with Christopher Rufo and others (Moody, 2023).

This matters because the language of “restoring trust,” “rigor,” so-called “viewpoint diversity,” and “academic excellence” can operate in two very different ways. It can be a good-faith call for better universities. Or it can be a political vocabulary used to justify state intervention, program elimination, curricular control, anti-DEI laws, donor influence, and the disciplining of faculty and students whose work challenges inequality.

We are seeing the latter across the country.

In Texas, Senate Bill 17 eliminated DEI offices in public universities. Senate Bill 37 has expanded state authority over curriculum, governance, and faculty life. Programs in Mexican American and Latino Studies, African American Studies, Women’s and Gender Studies, and related fields have been threatened, consolidated, renamed, or politically scrutinized. Across the country, public higher education is being told to prove its value while the very conditions that make it valuable—academic freedom, shared governance, critical inquiry, inclusive access, intellectual breadth—are being undermined.

That is why the Yale report, while useful, is incomplete. Others have similarly noted that the report gets some things right—especially around institutional effectiveness, public confidence, transparency, and the need for universities to respond more seriously to legitimate public concerns (Rudawsky, 2026). It names real concerns: costs, admissions, grade inflation, administrative growth, free speech, and public skepticism. 

However from the vantage point of Texas, the deeper issue is power.

Higher education is not simply being misunderstood. It is being remade. And much of that remaking is being carried out by political actors, ideological organizations, donors, and think tanks that have long viewed universities as sites to be captured or disciplined.

Nancy MacLean’s Democracy in Chains helps us understand this longer history. MacLean traces how radical libertarian networks, including those associated with Charles Koch, sought to limit democratic capacity by reshaping law, policy, education, labor, taxation, and public institutions in ways that protect concentrated wealth from democratic demands (MacLean, 2017). One does not have to accept every claim in MacLean’s book to see the relevance: higher education has long been a battleground over whether democracy will serve the public or be constrained on behalf of market power.

Katherine Stewart’s work is equally illuminating. In Money, Lies, and God, Stewart documents an anti-democratic movement that brings together Christian nationalists, billionaire networks, disinformation campaigns, and far-right organizations seeking to transform American democracy from within (Stewart, 2025). Her reporting shows that the assault on public institutions is not random. It is organized, funded, and ideologically motivated. Universities, public schools, libraries, school boards, courts, and state legislatures are all part of the same terrain.

Seen in this light, Schrager’s question—how can colleges prove their value?—needs to be turned around. Higher education should absolutely be accountable to students, families, taxpayers, and the public. But we must also ask: Who is defining value? Who benefits when value is reduced to salary? Who gains when the humanities, Ethnic Studies, gender and sexuality studies, and critical social sciences are framed as politically suspect or economically wasteful? Who profits when public universities are weakened and privatized? Who gains when democratic education is replaced by workforce sorting?

A university’s value cannot be measured only by wages or return on investment. A university also proves its value when it helps students recognize propaganda, understand history, analyze policy, question authority, read the law, evaluate scientific evidence, work across difference, and imagine alternatives. It proves its value when it prepares students not only to enter the economy, but to shape it. It proves its value when it produces teachers, nurses, engineers, artists, organizers, lawyers, scientists, public servants, writers, parents, neighbors, and citizens capable of democratic judgment.

This is why Ethnic Studies is central, not peripheral, to the university’s value. Mexican American Studies, African American Studies, Indigenous Studies, Asian American Studies, Women’s and Gender Studies, and related fields teach students to understand how power works historically and structurally. They connect knowledge to community, memory, identity, policy, and justice. They help students see that democracy is not only a set of institutions, but a practice of belonging, critique, participation, and repair.

In a state like Texas, this is especially urgent. Texas is young, diverse, multilingual, and multiracial. Its future depends on students who can navigate complexity, understand multiple histories, communicate across communities, and participate in democratic life. To dismantle or weaken the very fields that prepare students for this future is not academic reform. It is civic disinvestment.

To be clear, universities should not dismiss public concerns. They should address affordability, debt, student support, admissions transparency, administrative growth, uneven teaching quality, and ideological narrowness where it exists. They should strengthen academic rigor and protect open inquiry. They should make clearer to students and families what a college education offers.

But they should not accept a market-only definition of value. Nor should they allow organizations that are actively working to narrow public higher education to present themselves as neutral arbiters of trust.

If higher education wants to regain public trust, it must do more than prove its economic payoff. It must tell a better truth about what it is for.

Higher education is for work, yes. But it is also for democracy. It is for complexity. It is for memory. It is for ethical judgment. It is for public reason. It is for learning how to live with others in a plural society. It is for asking not only, “What job will this get me?” but also, “What kind of world are we building, who benefits from it, who is harmed by it, and how might it be otherwise?”

The crisis, then, is not simply that universities have lost public trust. It is that trust is being weaponized by forces that want to shrink the democratic mission of higher education. The answer is not to make universities less academic for most students and more intellectually expansive for elites. The answer is to make the full promise of higher education available to all students.

That means defending affordability, access, academic freedom, shared governance, Ethnic Studies, the humanities, the sciences, professional education, and the civic purposes of the university together.

Colleges do need to prove their value. But their value cannot be proven by surrendering to the very forces that are trying to undercut them.

Their value will be proven by defending the university as a democratic public good.

References

Association of American Colleges and Universities. (2025, December 11). New national survey finds strong employer confidence in higher education: Findings show clear alignment between liberal education outcomes and evolving workforce needs, AAC&U. https://www.aacu.org/newsroom/new-national-survey-finds-strong-employer-confidence-in-higher-education

Finley, A. P. (2023). The career-ready graduate: What employers say about the difference college makes. Association of American Colleges and Universities. https://www.aacu.org/research/the-career-ready-graduate-what-employers-say-about-the-difference-college-makes

Finley, A. P. (2025). The agility imperative: How employers view preparation for an uncertain future. Association of American Colleges and Universities. https://www.aacu.org/research/the-agility-imperative

MacLean, N. (2017). Democracy in chains: The deep history of the radical right’s stealth plan for America. Viking.

Manhattan Institute. (2023, January 18). New issue brief: Abolish DEI bureaucracies and restore colorblind equality in public universities. https://manhattan.institute/article/new-issue-brief-abolish-dei-bureaucracies-and-restore-colorblind-equality-in-public-universities

Moody, J. (2023, February 6). DeSantis debuts a new conservative playbook for ending DEI. Inside Higher Ed. https://www.insidehighered.com/news/faculty/academic-freedom/2023/02/06/desantis-debuts-new-conservative-playbook-ending-dei

Rudawsky, D. (2026, April 28). What Yale got right, and what the trust crisis still demands, Institutional Effectiveness Weekly, 37. https://donrudawsky.substack.com/p/what-yale-got-right-and-what-the

Schrager, A. (2026, May 4). Colleges face a choice: Prove their value or risk losing students, Bloomberg Opinionhttps://www.statesman.com/opinion/columns/article/universities-trust-enrollment-decline-opinion-22232350.php

Stewart, K. (2025). Money, lies, and God: Inside the movement to destroy American democracy. Bloomsbury Publishing.

Valenzuela, A. (2026, April 28). The wrong crisis: What the Yale report misses in the age of manufactured mistrust. Educational Equity, Politics & Policy in Texas. https://texasedequity.blogspot.com/2026/04/the-wrong-crisis-what-yale-report.html

Wray, A. (2024, March 27). How these 10 states’ anti-DEI laws will impact college campuses, Reckon.
https://www.reckon.news/justice/2024/03/how-these-9-states-anti-dei-laws-will-impact-college-campuses.html

Yale University. (2026). Report of the Committee on Trust in Higher Education. Yale University.



By Allison Schrager, Bloomberg Opinion | Austin American-Statesman, May 4, 2026


University of Texas students walk through campus last year. If the U.S. values economic mobility, the whole system of higher education needs to regain the trust of the public, Allison Schrager writes.

Jay Janner/Austin American-Statesman

Last week Yale University took the first step on the road to recovery: It admitted it had a problem. That problem is a lack of trust — and the damage that Yale and other top schools have done isn’t to themselves, it is to the entire system of U.S. higher education.

But if universities want to offer a truly rigorous education that is open to good-natured debate, students and faculty of different political backgrounds will need to feel more welcome. Without substantial change, U.S. universities may squander what little trust they have — and the country will be worse off.

America’s elite universities, which produce world-class research and attract top scholars from around the globe, should be a source of pride. But most Americans mistrust the U.S. higher education system, and last year Yale’s president assigned a committee to study the reasons why. The resulting report identifies several culprits: high tuition costs, opaque admissions practices, a politically monolithic culture, and a weak commitment to academic rigor and open debate.These perceptions, the report concedes, are not entirely wrong. The irony here is that even if Yale does nothing to change, it will probably be fine. Elite students and scholars will still want to go there. Donors will still give them money. The consequences will redound for people who go to schools not named Yale or Harvard.

Anyone who would consider a top school like Yale won’t decide against college altogether because of the flaws and excesses detailed in this report. I worry more about the first-generation students who are ambivalent about going to college in the first place, uncertain about whether the investment is worth it and whether they can stick with it.

RELATED: If UT wants to restore public trust, leaders must earn it

In the last 60 years, getting a college degree became part of the American Dream. Technology and the economy changed in ways that rewarded graduates with higher earnings. The result was that many more people — not just the children of the elite but first-generation students too — went to college.

In the last few years, however, this trend has started to reverse. Now about 62% of high school graduates enroll in college or university, down from 70% several years ago.

There is no single reason Americans have turned on higher education, although one big one is that a degree does not pay off like it used to. If you graduate from a four-year degree program at most schools, the odds are still very good that your degree will confer higher earnings over your lifetime. But it is no longer a sure thing. And as tuition got more expensive after 2000, the college wage premium also stagnated. It seems like college is no longer such a good deal.

Still, given the positive expected value, economics alone can’t explain falling enrollments. One reason could be that the mission of many elite universities is muddled. Back when only a small fraction of the population went to college, it could be just a place to read great books, have fun, and stay up late in your dorm room debating Marxism. When it was over, you got a job in banking or law. Elite universities were especially good at providing that experience, and graduates were rewarded with higher pay.

ALSO READ: UT’s restructuring blurs rich differences into a single ‘Other’

But once more people started going to college, the experience had to provide more transparent economic value. In theory, less elite schools could have become more like trade schools, but this didn't happen (perhaps because the less elite schools are largely staffed by graduates of elite schools). Also the incentives were never there to change because the U.S. subsidizes all college degrees, even if some pay off more than others.

What if the mission was just academic excellence? In that case, almost all universities — and especially elite ones — failed. Most students don’t go to elite universities, but these schools get outsized attention. So it’s hard not to notice how the supposedly best and brightest students don’t care about their classes, don’t get real grades, and often seem comically immature when trying to be taken seriously. Then students had the nerve to demand the government forgive their loans, an unpopular stance with many Americans.

If these elite schools can’t deliver on their most basic mission, what does that say about the system as a whole? The financial returns to a degree have been falling for years, but the decline in enrollments and erosion of trust is relatively recent, and coincides with many of the controversies that have erupted on elite campuses.

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America’s higher education system is already shrinking and will probably shrink further, especially if it continues to be hard for graduates to find jobs. Some colleges are closing, and universities are focused on degrees that offer a higher earning potential and are cutting departments that are less popular.

These falling enrollments may well be justified. At the same time, for all its problems, college remains an important contributor to economic mobility. It still usually produces higher earnings, and it brings together people from different economic backgrounds.

If the U.S. values economic mobility, the whole system of higher education needs to regain the trust of the public. If more marginal schools want to survive, they will need to be less academic and provide more training in skills that translate into jobs. More elite schools can restore trust by returning to a focus on academic excellence rather than trying to solve all of society’s problems.

Yale’s report does have some good ideas that other universities are also trying, such as curbing grade inflation, making admissions more transparent, reforming university governance and cutting administrative bloat. Fixing the perception of political bias will be harder, especially since most academics lean left.

But if universities want to offer a truly rigorous education that is open to good-natured debate, students and faculty of different political backgrounds will need to feel more welcome. Without substantial change, U.S. universities may squander what little trust they have — and the country will be worse off.


Allison Schrager is a Bloomberg Opinion columnist covering economics. A senior fellow at the Manhattan Institute, she is author of “An Economist Walks Into a Brothel: And Other Unexpected Places to Understand Risk.”

Monday, July 08, 2024

Traumatic Homeschooling: How Evangelicals Use Education to Totalize by R. L. Stollar May 7, 2022

Friends,

Wow! This was an eye-opener. I am reading this in the context of my earlier post today on "unschooling." There is much to know about these suspect movements. I would never want to say that all homeschooling or unschooling is bad, but rather that the growing evidence and first-person accounts like this one by R. L. Stollar, are deeply concerning. 

Based on these burgeoning stories and evidence, particularly of horrific stories of child abuse that range from actual harm to children in an unregulated system of education to the "totalism," or indoctrination that is killing children's wills, is resulting in a growing choir of individuals calling for legal and policy reforms to protect children.  Stollar's entire paragraphs on "totalism" is worth reading:

"Totalism is a concept first developed by psychiatrist Robert Jay Lifton in his 1961 book Thought Reform and the Psychology of Totalism. Totalism is related to totalitarianism, and signifies a psychological form of totalitarianism — the totalitarian monitoring and control of another individual’s behaviors and thoughts. Lifton uses the term to describe the attributes of ideological movements and organizations that aim for total control over people’s behaviors and thoughts. While these movements and organizations may vary in design and goals, they follow common patterns and cause predicable types of psychological damage to those within them."

The evidence gets even more grim as one learns of the cases of child torture where according to a study by pediatrician Barbara Knox (2014) finds that 

“47% [of the tortured children] who had been enrolled in school were removed under the auspice of ‘homeschooling.’” “Homeschooling,” Knox observed, “appears to have been designed to further isolate the child.”

This is terrifying. I am glad that more people are speaking out. 

-Angela Valenzuela


Traumatic Homeschooling: How Evangelicals Use Education to Totalize

Unschooling Is the Parenting Trend That’s Pissing Everyone Off No math. No social studies. Kids set the curriculum. Is this trend in education helping or harming kids?

Friends:

"Unschooling." Put that word into your vocabulary. It overlaps with the concept of "homeschooling," which tends to have an anti-government, individualistic, libertarian bent to it. I can see how this can be a class issue with families requiring sustained, inordinate resources and parental time, which are luxuries that most families do not have. 

I think there are legitimate critiques of education, including many which I share. My concern is what is expressed by Indiana University professor of education Robert Kunzman as follows:

"Perhaps the biggest drawback of an unschooling education, according to Kunzman, is one that is less quantifiable via research. In a world that has become increasingly polarized, where there is far less focus on being civic-minded or community-minded and there has been increasing emphasis on the self, Kunzman is concerned that unschooling in a limited, siloed environment can further contribute to children growing up in an isolated bubble, without exposure to outside ideas or perspectives."

The anti-thesis of this kind of education for me is expansive, meaning interdisciplinary where young people of all ages can learn an array of topics across many fields where they can make connections across them. Children optimally develop the capacity to think analytically, evaluate and synthesize evidence, and become independent thinkers. Empathy and interpersonal skills, especially involving working in and with one's community, help prepare youth to first know and love themselves so that they can know and love others. This has never been more important in our increasingly connected and highly diverse world.

Fostering a sense of personal responsibility and being an active citizen to make the world a better place can't happen in a silo that diminishes not solely children's worlds but as a system, diminishes democracy to that which one can get out of it as opposed to what one can do to perfect the union.

-Angela Valenzuela

Unschooling Is the Parenting Trend 

That’s Pissing Everyone Off

No math. No social studies. Kids set the curriculum. Is this trend in education helping or harming kids?

BY EJ DICKSON JUNE 24, 2024 | THE ROLLING STONE 
unschooling

“WE DON’T TEACH our children anything,” the spiritual influencer Mami Onami proclaims in a TikTok. “Anything that they learn is in response to either their interest or their questions.” She has near-translucent 








“WE DON’T TEACH our children anything,” the spiritual influencer Mami Onami proclaims in a TikTok. “Anything that they learn is in response to either their interest or their questions.” She has near-translucent blue eyes and razor-sharp cheekbones, with tattoos snaking across her neck, arms, and taut abdominal muscles; one of them is the word “gentleness” on her forehead, in neat cursive. She then flips open to a page of her six-year-old son Rainer’s notebook, where he has scrawled the words “egg,” “lamp,” “jar,” and “lion.” “This is him doing it by himself,” she says, adding, “If you do not like this idea of sending your kids away for 40 hours a week, if you are not into your kids conforming, trust that you can follow their interests and they will learn everything they need to learn, not what other people need them to learn.”

There are 4,075 comments on the video, almost all of which are vitriolic. “You’re crippling your children,” one top comment sniffs. “It’s fine if you want to keep them ignorant forever….I personally want better for my kids.” Many call her “lazy,” accusing her of shirking her responsibilities in educating her children. Some of the most vicious comments are directed not at Onami, but at her son, mocking him for being developmentally “behind.”

@mami.onami

The best part is that my son LOVES learning, LOVES beginning something new, and is experienced with practicing things until he improves. They do this school because they want to, and when you want to know something; your retention is 💯. Learn more about what we teach our kids at the story highlight “we teach them” #freeschool #unschool @Your Natural Learner

♬ original sound – Mami Onami

Onami is no stranger to controversy: A spiritual influencer and teacher with more than 250,000 followers on TikTok, she has advocated for such practices as “free birth,” or pregnancy and labor without medical intervention, and drinking her own menstrual blood. But she says she was shocked by the venomous reaction. “I wasn’t expecting that video to blow up,” she tells Rolling Stone. “If I had, my hair wouldn’t have been looking like that.” She says she posted it because she was genuinely proud of her son’s achievements. She had been concerned about his prior lack of engagement in reading or writing, and she was thrilled to see him starting to express interest in words of his own volition.

Wednesday, February 21, 2024

The Libertarian CATO Institute Ranks Texas Last in Personal Freedoms. This IS an Anti-Democratic, Extremist National Agenda

If you don't feel a little bit less free in Texas, you haven't been paying attention. This piece will refresh you and all Texans on the matter. Relatedly, it's important to know the levers, the Wizards of Oz, behind the curtain. This post, these two articles, and a must-see documentary offer a good primer.

This comes straight out of the CATO Institute that's happy for us and the rest of the nation to lose every other freedom except to be a capitalist. Notably, reproductive and transgender rights aren't factored into the ratings. And these are huge for young people, in particular in our state.

I do encourage you to learn about this well-organized, work-shopped, strategically planned, well-funded agenda to take away our rights for the benefit of the one percent. Treat yourself to an in-depth exploration with these two well-researched texts by Jane Mayer (2017) and Nancy MacLean's (2017) award winning text, Democracy in Chains. You can also read both of these in Audiobooks. 

Trust me, this is the history that the CATO Institute, the Koch Foundation, the American Legislative Exchange Council (ALEC), Farris Wilks, Tim Dunn, Greg Abbott, Dan Patrick, and others who don't want you to know. 

A little bit of education and an organized response, after all, might disrupt their stealth plan to not just deprive us and all of America of our rights, but to make it near impossible to break out of their devious, well-conceived shackles that are instrumental to their design. 

-Angela Valenzuela

References

MacLean, N. (2017). Democracy in Chains: The Deep History of the Radical Right's Stealth Plan for America. Penguin.



Texas Ranks Last in Personal Freedoms, According to the Libertarian CATO Institute

The think tank, founded by a conservative billionaire who supports Greg Abbott, ranks Texas 39 places behind California. 


by  Dan Solomon | December 1, 2023 | Texas Monthly


Getty/Texas Monthly

Speaking at a meeting of Bell County Republicans in 2017 in Belton, about sixty miles north of Texas’s capital, Greg Abbott opined about the freedoms enjoyed in the state he governs. “As you leave Austin and start heading north, you start feeling different,” Abbott told the crowd. “Once you cross the Travis County line, it starts smelling different. And you know what that fragrance is? Freedom.” 

Leaving aside Abbott’s swipe at Austin, there’s a question now about what he smells when he passes into Williamson County these days. According to a recent study by the Cato Institute, a libertarian think tank cofounded by prominent Abbott donor Charles Koch, Texas ranks dead last among the states when it comes to personal freedom. (Probably of some relief to Abbott, Cato rates Texans highly on a few particular freedoms: chiefly economic ones. Based on our lack of a personal income tax and our right-to-work laws that ensure a worker cannot be required to join a union, Texas ranks number six on the think tank’s index of economic freedom.)

Cato relies on twelve metrics, each weighted differently, to create its personal freedom index. Almost across the board on those categories, Texas fares poorly. We rank thirty-fifth on educational freedom, thirty-ninth on gambling, forty-second on asset forfeiture, forty-third on incarceration, forty-fourth on marriage freedom, and dead last on both cannabis and travel freedom (see below for fuller definitions). Alcohol, gun, and tobacco rights; the right to give large sums to political campaigns; and the right to engage in activities that harm no one, such as safely setting off fireworks, are the only categories in which Cato finds Texas doesn’t rank in the bottom half of the states. Notably, the institute doesn’t factor key issues such as reproductive or transgender rights into its ratings. 

Cato finds that the fragrance of Texas freedom right now stinks. Let’s take a closer look at how and why the institute thinks Texans might need to hold their noses, whether they’re driving through Austin or elsewhere. 

Arrests and Incarceration

Cato’s ranking assigns a heavy weight to incarceration rates, which are adjusted for violent and property crimes, to look at whether each state incarcerates more individuals than the crime rates suggest it should. Cato also considers such factors as how often a state makes arrests for victimless crimes—which the study lists as including drug, sex work–related, and “gun” offenses (presumably possession-related only); driver’s license suspensions for such offenses; and whether a state has passed reforms regarding qualified immunity, which protects police officers from most civil lawsuits. 

Texas’s low ranking here isn’t surprising; our incarceration rate dramatically outpaces that of the U.S. as a whole and puts us firmly in the top ten states in locking up residents per capita. A drug offense triggers an automatic six-month suspension of a driver’s license, which requires classes and fees to restore. An attempt in the Legislature in 2021 to end qualified immunity went nowhere in the face of opposition by police unions; a similar attempt in 2023 was another flop

Criminal justice reform in Texas was once a popular, bipartisan issue championed by Republicans such as former governor Rick Perry—but in recent years, it’s grown much more difficult to advance reform-minded legislation in the state. 

Cannabis

Texas, which bans THC, the psychoactive ingredient in marijuana, in virtually all cases and has harsh sentencing laws, ranks dead last on the Cato Institute’s list. The metric also considers other factors, such as whether laws that stop short of legalization drive up consumer costs for cannabis and economic impacts on producers. 

Civil Asset Forfeiture

If you have an asset that officials deem suspicious, and they decide it may have been acquired in relation to criminal behavior, they can seize that asset and are under no obligation to give it back—even if you’re never charged with, let alone convicted of, anything illegal. Most often, this type of asset forfeiture plays out when police officers, during traffic stops or other encounters with the public, find large sums of cash. (Here’s a story about a man who drove with $42,000 to Houston to buy a tractor trailer and lost it after being accused of following the vehicle in front of him too closely in his rental car.) Federal law enforcement is also able to engage in the practice. In Texas, state law not only protects asset forfeiture but allows law enforcement to share the proceeds of assets claimed by federal agencies. For these reasons, Cato ranks the state forty-second.  

Civil asset forfeiture is a rare issue that can unite both libertarian- and progressive-minded Americans in opposition. This practice is unpopular among Americans nationally, who believe that, say, a person may have a legitimate reason to carry a large amount of cash while driving. But civil asset forfeiture is popular among police, whose departments often enjoy receiving the additional funds, as well as among politicians who wish to demonstrate their support for police. In 2017, Donald Trump offered to “destroy” a Texas lawmaker who opposed the practice. 

Educational Freedom

Now we’re getting into something that has sharply divided the state: “educational freedom”—which the study considers mainly in terms of laws establishing education savings accounts (voucherlike programs in which public tax dollars help parents, primarily upper-income ones, pay for private schools), tax credits for private schools, and direct vouchers. Education savings accounts have been a key issue in the civil war between factions of the Texas GOP. 

Despite Abbott’s efforts, Texas has not passed a law creating education savings accounts or vouchers. The governor has demanded that lawmakers do so several times this year, but many rural Republicans and Democrats have blocked each effort in the Texas House, in large part because many rural areas lack affordable private school options, and because the public schools serve as centers of community life in such areas. 

Gambling

Texas ranks low here because most forms of gambling are illegal. The state makes limited exceptions for horse and greyhound racing, certain charity events, “social gambling” (say, an office March Madness bracket contest), and the state lottery. That didn’t change in the 2023 legislative session, despite the House approving a bill that would have put the issue directly to voters, as the bill died in the Senate. 

Marriage Freedom

Previous editions of Cato’s personal freedom index focused primarily on same-sex marriage; for as long as the 2015 Obergefell v. Hodges U.S. Supreme Court decision that legalized those unions nationally remains in effect, that’s a nonissue for these purposes. Now Cato focuses mostly on cousin marriages, which are outlawed in Texas, at least among first cousins, half first cousins, and adopted cousins. Texas here ranks forty-fourth, which is actually last place—it shares that ranking with six other states that also discriminate against cousin lovers.

Reproductive Freedom

Actually, this doesn’t factor into Cato’s analysis at all. 

Travel Freedom

While this issue doesn’t weigh heavily in any state’s ranking in the index, Cato does partially consider the freedoms of drivers. Texas, which restricts texting while driving, requires the wearing of seat belts, uses cameras to read license plates on toll roads, and mandates that motorcyclists wear helmets, is at the bottom of the list on this category as well. 

Notably, “travel freedom” does not, in Cato’s estimation, include the freedom to travel for the purpose of taking an action that’s legal in one jurisdiction but illegal in another. Some cities in the Lone Star State have begun testing that proposition by restricting travel for Texans who pass through to seek abortions. While most legal scholars consider such restrictions a violation of the commerce clause of the U.S. Constitution, theoretically, similar laws could be created that would ban Texans who wanted to, say, drive to Las Vegas to gamble. (What happens in Vegas stays in Lubbock!) At that point, perhaps, the Cato Institute will take notice. 

Tuesday, October 10, 2023

Keynote Address by Nancy MacLean titled, "Why Is the Right “Laying Siege” to Education? The History that Solves the Mystery”

I attended part of today's hearing on vouchers at the Texas State Capitol and thought about Nancy MacLean's work as I listened to bogus research that somehow proves that vouchers work, particularly when the testimony I was there to give, actually is all based on peer-reviewed research, markedly diverging from claims made by Sen. Creighton from the dais. Read: Will School Vouchers Benefit Low-Income Families? Assessing the Evidence," by Jabbar, H., Holme, J., Lemke, M., LeClair, Sanchez, J., Torres, E.M. & Pernetti, M. (March, 2023).

You can listen to the hearing right now—Tues, Oct. 10—at this link.

These legislators don't come to us across the way to get these facts from us as clearly, they seek to put forward their own alternative set of "facts," not unlike how so much of the Republican Party operates today. In fact, our facts that we provide in the academy are such a nuisance to them that they've resorted to their own playbook of attacking the messenger and even the institution of higher education. For illumination on all of the above, do listen to this excellent keynote by Dr. Nancy MacLean whose work exposes the libertarian cause led by Koch industries' CEO Charles Koch and his donor network. 

The agenda for Koch-style libertarians is first and foremost to provide for the national defense, ensuring the rule of law—particularly the protecting of private property—and maintaining social order that is otherwise captured in the phrase, "armies, courts, and police."  This is an extremist vision for our country where public education, environmental protections, public health, social security, medicare, public lands, and agencies exist no longer and are on a hit list in the current historical moment.

Democracy is the only way to push back against this.

Do listen to her eye-opening talk posted below and do read her award-winning book, Democracy in Chains, winner of the Lillian Smith Book Award, the Los Angeles Times Book Prize, Finalist for the National Book Award, and The Nation‘s “Most Valuable Book.”

-Angela Valenzuela

"Why Is the Right “Laying Siege” to Education? The History that Solves the Mystery”

Keynote Address by Dr. Nancy MacLean—William H. Chafe Distinguished Professor