The national free speech organization FIRE says West Virginia Gov. Patrick Morrisey’s newly-announced ban on diversity initiatives is too broad, could have a chilling effect on classroom discussions — and is subject to challenge.

FIRE is actively considering all options to ensure West Virginia faculty are not forcibly silenced by state edict, according to the organization.

“While efforts to eliminate both compelled speech and unlawful discrimination are laudable, Governor Morrisey’s effort to eliminate them goes too far, resulting in state-sponsored censorship,” said FIRE’s lead counsel for government affairs, Tyler Coward.

“Governor Morrisey should rescind or amend the executive order to make clear that it does not affect higher education classroom instruction.”

Morrisey, a Republican who was sworn into office this week, issued several executive orders immediately — including one titled “ordering the cessation of DEI.” The acronym stands for diversity, equity and inclusion. It’s a set of policies in business, government and academia aimed at creating a more inclusive and equitable environment.

Social conservatives have taken aim at the policies as a kind of reverse discrimination. That’s where Morrisey lands.

“I’m viewing this as an executive order for all of the departments and agencies and any of the entities that get state funds, and today is not the day to single anyone out. Everyone has the chance to come into compliance,” Morrisey said.

“So I want to make sure everyone knows that DEI has absolutely no place in West Virginia state government and any entity that receives state funds. I want to be crystal clear about that.”

Dozens of states like Florida, under Gov. Ron DeSantis, have pursued state policies to curtail DEI funding, practices and promotion.

FIRE stands for Foundation for Individual Rights and Expression. It’s a non-profit civil liberties group focusing on freedom of speech throughout American society.

FIRE characterizes its activities as defending free speech across the ideological spectrum in courts across the country, successfully suing over Florida’s “Stop WOKE Act” and also maintaining an ongoing challenge against California’s requirement that faculty incorporate “anti-racist” viewpoints into classroom teaching.

In West Virginia’s case, FIRE specifically objects to provision 1b in Morrisey’s executive order, saying it “sweeps in an enormous amount of expression protected under the First Amendment protected expression at West Virginia’s universities and colleges.”

“Mandate any person to participate in, listen to, or receive any education, training, activities, procedures, or programming to the extent such education, training, activity, or procedure promotes or encourages the granting of preferences based on one person’s particular race, color, sex, ethnicity, or national origin over that of another.”

FIRE contends language violates the First Amendment, reaching college classroom instruction and discussion: “It is viewpoint-discriminatory, prohibiting faculty from sharing any material that ‘promotes or encourages’ a view while allowing them to criticize that viewpoint.”

FIRE has offered support to any faculty member contending their classroom instruction would be affected by the West Virginia executive order.

West Virginia’s colleges and universities get state funding, but they also receive donations, grant dollars and federal funding.

The state’s Higher Education Policy Commission said it is “working with all public colleges and universities in the state to compile and review information outlined in the executive orders and to comply with Governor Morrisey’s directive.”

April Kaull, executive director of communications at West Virginia University, said the university is assessing its programs and what the effects of the executive order will be.

The university is under some obligations that could be in conflict with the governor’s order.

“Some existing accreditation and professional licensure standards include DEI requirements. We’re currently reviewing the Executive Order with members of our campus community. We’ll have a better understanding once the review is completed,” Kaull said.

“Most of the work in this area is by a focused group of employees for federal compliance of the Americans with Disability Act and Title IX. We do not use any state dollars to comply with federal DEI requirements.”

Shaun Harper, a professor at the University of Southern California and chief research scientist for the USC Race and Equity Center, said positions like Morrisey’s are misguided and ultimately costly.

“Governor Morrisey’s reckless mischaracterization of DEI makes shockingly clear that he doesn’t even understand what it is he’s banning. This executive order places West Virginians at unnecessary risk of suffering even greater levels of divisiveness and inequities,” said Harper, a professor of public policy, education, and business.

“Lawsuits for discrimination, harassment, and abuse in public educational institutions and workplaces over the next few years will cost the state lots of money, perhaps millions. It will someday become clear to Morrisey that sustaining and strengthening DEI policies and programs ultimately would’ve been a much more responsible use of taxpayers’ dollars.”