‘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.” This quote from the Supreme Court’s decision in West Virginia Board of Education v. Barnette, striking down state laws mandating the Pledge of Allegiance, states a core principle of the First Amendment: The government cannot compel individuals to express loyalty or belief in political or ideological positions.
But in the University of California system, nearly every applicant for a faculty job must pass a political litmus test and effectively state their allegiance to “diversity, equity, and inclusion” (DEI) to be considered. This litmus test takes the form of a mandatory DEI statement, which vets every aspiring academic — from engineers to psychologists — on their views about issues such as affirmative action, racial affinity groups, and equity versus equality.
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