“I Am for Diversity…”: How a Victimhood Legal Formula Weaponizes Faculty Academic Freedom Against Diversity, Equity, Inclusion, and Social Justice

The phenomenon of white men faculty filing lawsuits alleging that diversity, equity, inclusion, and social justice violate their free speech and academic freedom rights is instructive for how legal strategies are employed. We engaged white legal logic to examine how three white men faculty members narrated their experiences and what legal precedent was used to support their requested legal redress. The two most salient themes are as follows: (1) plaintiffs constructed a dual legal narrative, positioning themselves as both victims and champions of DEI and social justice initiatives by simultaneously mischaracterizing DEI and social justice to align with their ideological perspectives; (2) plaintiffs weaponized academic freedom and free speech legal precedents to frame their purported ideological dissent about DEI initiatives as a constitutionally protected right. In addition to identifying two major themes, we observed a pattern in legal strategies to add to white legal logic: a victimhood legal formula. Ultimately, we illuminate calculated efforts to maintain systemic inequities under the guise of law and demonstrate the enduring struggle over education’s role in a racially diverse society.