There is an equally important element to this problem that is not encountered so much via judicial activity.
Academia is developing institutional regulations and required curriculum completely in the absence of effective control by elected representatives. Local school boards themselves are becoming rubber stamps for curriculum mandates they see themselves as largely unable to judge.
Like in Rhode Island, state law was adopted that has the curriculum for "social worker" defined by the professional association of social workers in the state. That professional association set up curriculum standards that require incoming students to adopt socialist beliefs about the professional values required of social workers. The state legislature is clueless. A recent case being looked into at FIRE involves a Rhode Island college student who was academically penalized by his school for refusing to lobby the state legislature for a policy he did not believe in. He is being told by his professors that unless he adopts their beliefs he will not get his degree - because his beliefs are contrary to the "professional values" in the required curriculum. Yea, like welfare is better than workfare. Not.
The Marxists are taking the same sort of blind routes at every level of our education industry.
Progressive eduction has been taking over the schools since the 1920s.
"The Marxists are taking the same sort of blind routes at every level of our education industry."
A very important post, Wuli, thank you. While we conservatives are growing comfortable with our Republican president and 55 seats in the Senate, we should all be afraid, very afraid, of what has happened in academia. That includes the American Psychiatric Association (APA), in which a self-appointed committee of gay doctors decided, based on their politics and not on science, to recommend removing homosexuality from its list of disorders. Their subsequent diktats about gay marriage have been incorporated as sacred in many Leftist agitations ever since.
We just can't afford to continue sitting on our hands while our educational establishment is going down (you should excuse the expression) in flames.