[joshuamorton]

Two things to consider:

1. There's a difference between defining a curriculum (what needs to be taught) and banning things (what cannot be taught). The government is generally allowed to determine the first, but the second is more dubious. It's difficult to claim, for example, that banning certain books has a legitimate interest in improving academic freedom, as educators already had the freedom to not teach those books.

2. This specific example is from a university, where "defining a curriculum" is even more dubious due to the existence of elective classes. If a university wants to, in addition to its core curricula, offer a class on racial or gender studies, why is that any less legitimate than a class on water polo or whatever?