top of page
Search

Historical Revisionism and Public Institutions: The Smithsonian’s Dilemma

  • Natalia Palacino Camargo
  • 3 days ago
  • 8 min read

Updated: 15 hours ago

On August 10, 1846, President James K. Polk signed legislation establishing the Smithsonian Institution, created from the bequest of British scientist James Smithson, as “an establishment for the increase and diffusion of knowledge.”[1] Structurally, the Smithsonian occupies a unique legal status as a trust instrumentality of the United States: it is governed by a Board of Regents and a Secretary, is separate and distinct from governmental branches of the national government, and holds no regulatory authority beyond its own premises.[2]  While courts have held that it is not a governmental agency, it shares immunity from state and local regulation and enjoys sovereign immunity from lawsuits absent congressional waiver.[3]  The Smithsonian operates with both federal appropriations and private funding, but functions as a single legal entity.[4]


Despite its semi-independent status, the Smithsonian now finds itself under direct political assault.[5]  In 2025, Kim Sajet resigned as director of the National Portrait Gallery—which is overseen by the Smithsonian—after President Trump announced his intention to remove her. Trump labeled Sajet as a “a highly partisan person, and a strong supporter of DEI….,”[6] which he deemed inappropriate for her role.[7]  Although the Smithsonian reaffirmed its independence, Sajet stepped down, citing the institution’s best interest.[8] This moment reflects a broader struggle over the role of cultural institutions in U.S. democracy and whether the Smithsonian, the most influential cultural institution in the country, can continue to uplift marginalized communities by preserving their histories while maintaining its independence and advancing core American ideals such as freedom of expression, intellectual curiosity, and historical truth.


Her departure was just one piece of a broader campaign by the Trump administration to pressure cultural and educational institutions to conform to his political agenda.[9]  This broader effort became more apparent in the administration’s early actions, as Trump issued the “Ending Radical And Wasteful Government DEI Programs And Preferencing” executive order on January 20, 2025, terminating all federal DEI initiatives, prompting questions about the implications for institutions like the Smithsonian.[10]  While the order applies to federally funded operations and federal employees, the Smithsonian’s trust-funded programs and non-federal staff technically remain outside its reach.[11]  However, the administration has not hesitated to blur those lines.[12]  The elimination of “diversity, equity, and inclusion policies from the federal government,”[13] accompanied by threats of retaliation against institutions that uphold such values, is central to the Trump campaign.[14]


This operation intensified in August 2025 when Trump posted on Truth Social that he had “directed his attorneys to conduct a review of museums,”[15] claiming the Smithsonian was “OUT OF CONTROL.”[16]   Trump’s posts criticized the Smithsonian for how it excessively focused on “how bad Slavery was” and offered “nothing about Success, nothing about Brightness, nothing about the Future,” and had previously criticized the exhibits on race at the Smithsonian.[17]  The review drew comparisons to prior efforts to condition federal funding for universities on ideological compliance.[18]  Sarah Weicksel, Executive Director of the American Historical Association, called the review a “major overstep,”[19] arguing that the Smithsonian must be free to present the full scope of American History, to which it is necessary to talk about race and racism, and slavery as a historical fact essential in understanding the nation's “shared history.” [20] The Association, as the leading professional body for historians, understands that rigorous, evidence-based historical interpretation is essential to public education and cannot be subordinated to political preference or ideological sanitization of the past.[21] Cutbacks and censorship in public institutions particularly affect low-income and marginalized communities because these institutions are vital tools for economic and social equity, providing resources such as literacy programs, support services for unhoused people, career services, ESL and citizenship classes, and free meals for low-income children.[22]


Presidential historian Douglas Brinkley has condemned slavery’s erasure, noting its role in shaping American History, and highlighting the Smithsonian’s robust approach to slavery, human rights, and civil rights.[23]  For instance, the National Museum of African American History and Culture,[24] one of the Smithsonian institutions under scrutiny, not only examines the history of slavery but also celebrates Black excellence and cultural achievement.[25]  By erasing minority histories, the administration sets a dangerous precedent that threatens the existence of marginalized groups and undermines the very idea of what it means to be American.[26] This erasure matters because when the state suppresses the public teaching of marginalized histories, it legitimizes exclusion from civic belonging, constrains permissible expression and access to information in educational spaces, and weakens the cultural foundation future generations need to understand the nation’s history and build a more inclusive democracy.


The President’s approach was codified in Executive Order (EO) 14253, titled “Restoring Truth and Sanity to American History.”[27]  The order claims that the current historical interpretations wrongly portray the U.S. as inherently racist, sexist, and oppressive, fostering division and “national shame.”[28]  It accuses institutions like the Smithsonian of promoting a “divisive, race-centered ideology” and assigns enforcement powers to Vice President JD Vance, who serves on the Smithsonian’s Board of Regents.[29]  Vance was tasked with halting federal funding for exhibits that conflict with the administration’s agenda, while former legal aide Lindsey Halligan was appointed to root out “improper ideology.” [30]


Further, the executive order prohibits any exhibits that “divide Americans based on race,” bans women’s exhibits that recognize trans women, removes language that “disparages Americans past or living,” and grants the administration power to appoint citizen members to the Board of Regents.[31]  As one White House official stated, the president “will explore all options and avenues to get the Woke out of the Smithsonian and hold them accountable.”[32]


This revisionist agenda is an assault on historical truth, reframing American success as synonymous with white success and presenting an exclusionary vision of national identity.[33]   Museums and historical institutions have pushed back, for example, The American Alliance of Museums[34] warned that these pressures “can create a chilling effect across the entire museum sector,”[35] threatening freedom of thought and expression—values that cultural institutions are tasked with protecting.[36]  This threat extends beyond academic freedom and curatorial independence; it endangers the preservation of the nation's collective memory.  Museums must assert their responsibility to uphold historical integrity and resist efforts to obscure or distort the past.[37] Beyond the importance of institutional autonomy, these efforts have real consequences for marginalized communities whose histories, identities, and contributions risk being erased or delegitimized, not only within cultural institutions but within the broader national landscape. The Smithsonian’s commitment to inclusive storytelling not only affirms the dignity of these communities but also reaffirms their existence, struggles, and contributions to American history and strengthens the ideals of a constitutional democracy — one that safeguards freedom of expression and ensures that the American narrative reflects the full complexity of its people.

 


[1] Our History, Sᴍɪᴛʜsᴏɴɪᴀɴ (2025), https://www.si.edu/about/history [https://perma.cc/GUM5-A2YR].

[2] The Smithsonian Institution is the largest museum, education and research complex in the world, and is comprised of twenty-one museums, fourteen education and research centers, and the National Zoo. About the Smithsonian, Sᴍɪᴛʜsᴏɴɪᴀɴ(2025), https://www.si.edu/about[https://www.si.edu/about]. See The Smithsonian Institute Office of General Council, Legal History, Sᴍɪᴛʜsᴏɴɪᴀɴ, https://www.si.edu/ogc/legalhistory [https://perma.cc/S6MX-HC2Z]; Smithsonian Institution: Background, Entities, and Leadership (2025), https://www.congress.gov/crs-product/IF12718 [https://perma.cc/FS85-E6MR]; 20 U.S.C. §§ 41-80q (1994); see also Daniel Cassidy, Will the Smithsonian Have to Obey Trump’s DEI Order? Maybe Not., ARTnews (Jan. 24, 2025), https://www.artnews.com/art-news/news/smithsonian-trump-dei-initiative-1234730801 [https://perma.cc/6N9U-RK2J].

[3] The Smithsonian Institute Office of General Council, supra note 2.

[4] Id.

[5] Kit Maher & Piper Hudspeth Blackburn, Trump Escalates Attacks Against Smithsonian Museums, Says There’s Too Much Focus on ‘How Bad Slavery Was,’ CNN (Aug. 20, 2025), https://www.cnn.com/2025/08/19/politics/trump-slavery-museum-smithsonian [https://perma.cc/XQ7V-DGU6].

[6] Donald J. Trump (@realDonaldTrump), Tʀᴜᴛʜ Sᴏᴄɪᴀʟ (May 30, 2025, 1:30 PM), https://truthsocial.com/@realDonaldTrump/posts/114597966895334541 [https://perma.cc/T3W4-AZZJ].

[7] News Desk, Kim Sajet to Depart as Director of National Portrait Gallery, AʀᴛFᴏʀᴜᴍ (June 13, 2025), https://www.artforum.com/news/kim-sajet-to-depart-as-director-national-portrait-gallery-1234732402 [https://perma.cc/4PF6-9WA7].

[8] Id.

[9] Michael C. Bender, Trump Administration Asks Colleges to Sign ‘Compact’ to Get Funding Preference,

N.Y. Tɪᴍᴇs (Oct. 3, 2025), https://www.nytimes.com/2025/10/02/us/politics/trump-college-funding.html [https://perma.cc/NM46-A4EW]; see Maya Pontone & Isa Farfan, Museums Scramble to Grasp Impact of Trump’s DEI Mandate, Hʏᴘᴇʀᴀʟʟᴇʀɢɪᴄ (Jan. 31, 2025), https://hyperallergic.com/987131/museums-scramble-to-grasp-impact-of-trump-dei-mandate [https://perma.cc/ZZ27-J75M]; see also Michael Bobbitt, Brian Boyles, Kayla Coleman, & Emily Ruddock, State & Regional Leaders Sound the Alarm on Trump’s Attacks on the Arts, N.Y. Mᴀss Cᴜʟᴛᴜʀᴀʟ Cᴏᴜɴᴄɪʟ (June 18, 2025), https://massculturalcouncil.org/blog/state-regional-leaders-sound-the-alarm-on-trumps-attacks-on-the-arts/[https://perma.cc/ATS5-HQCP].

[10] The White House, Ending Radical and Wasteful Government DEI Programs and Preferencing, (Jan. 20, 2025)

[11] Daniel Cassidy, Will the Smithsonian Have to Obey Trump’s DEI Order? Maybe Not., ARTnews (Jan. 24, 2025), https://www.artnews.com/art-news/news/smithsonian-trump-dei-initiative-1234730801 [https://perma.cc/6N9U-RK2J].

[12] Chloe Veltman, White House Calls for a 'Comprehensive Review' of Eight Smithsonian Museums, NPR, (Aug. 12, 2025), https://www.npr.org/2025/08/12/nx-s1-5500550/smithsonian-trump-review [https://perma.cc/38YN-TS89].

[13] Zolan Kanno-Youngs, Trump Says Smithsonian Focuses Too Much on ‘How Bad Slavery Was,’ N.Y. Tɪᴍᴇs (Aug. 19, 2025), https://www.nytimes.com/2025/08/19/us/politics/trump-smithsonian-slavery.html [https://perma.cc/G3BT-KE5D].

[14] Id.

[15] Maher & Blackburn, supra note 5.

[16] Id. (“The Smithsonian is OUT OF CONTROL, where everything discussed is how horrible our Country is, how bad Slavery was, and how unaccomplished the downtrodden have been — Nothing about Success, nothing about Brightness, nothing about the Future,”)

[17] Kanno-Youngs, supra note 13.

[18] Maher & Blackburn, supra note 5; see Alan M. Garber, Upholding Our Values, Defending Our University, Hᴀʀᴠᴀʀᴅ Uɴɪᴠ., Oғғ. Pʀᴇsɪᴅᴇɴᴛ (Apr. 21, 2025), https://www.harvard.edu/president/news/2025/upholding-our-values-defending-our-university/ [https://perma.cc/YM7A-SGM3];see also Brandon Drenon, Columbia University to Pay $200m in Settlement with Trump Administration, BBC (July 23, 2025),

[19] Michael T. Nietzel,“History Is Not A Hallmark Card.” Scholars Condemn Trump’s Smithsonian Review,

[20] Id.

[21] Id.

[22] Dorgelo, supra note 22; see also Sunil Iyengar, Museums, Libraries, and Community Impact – It’s Not (Just) the Economy,  Nᴀᴛ'ʟ Eɴᴅᴏᴡᴍᴇɴᴛ ғᴏʀ ᴛʜᴇ Aʀᴛs (Nov. 04, 2025), https://www.arts.gov/stories/blog/2021/museums-libraries-and-community-impact-its-not-just-economy [perma]. 

[23] Kanno-Youngs, supra note 13.

[24] Christopher Cann, What to Know About the National Museum of African American History and Culture,

[25] Kanno-Youngs, supra note 13.

[26] Bill Barrow, Critics See Trump Attacks on the ‘Black Smithsonian’ as an Effort to Sanitize Racism in US History,

[27] The White House, Restoring Truth and Sanity to American History (Mar. 27, 2025),

[28] Id.

[29] Id.; Members of the Board of Regents, Sᴍɪᴛʜsᴏɴɪᴀɴ (2025), https://www.si.edu/regents/members [https://perma.cc/Y2CD-BEVA] (“As specified in the Smithsonian's charter, the Chief Justice of the United States and the Vice President of the United States are ex officio members of the Board, meaning that they serve as a duty of their office.”)

[30] Id.; Maher & Blackburn, supra note 5.

[31] The White House, supra note 25.

[32] Neda Ulaby, Trump Expands 'Woke' Criticism from Smithsonian to Other Museums,

[33] Nietzel, supra note 19.

[34] The American Alliance of Museums (AAM) is the national organization representing the U.S. museum field, supporting more than 35,000 museums and museum professionals through advocacy, professional resources, and community-centered learning. About AAM, Aᴍ. Aʟʟɪᴀɴᴄᴇ ᴏғ Mᴜsᴇᴜᴍs, https://www.aam-us.org/programs/about-aam/ [https://perma.cc/K7WK-4Z45].

[35] Ulaby, supra note 30.

[36] Id.

[37] Benjamin Sutton, More Than 150 US arts Organizations Pledge to Resist Political Pressure,

 
 
 

Recent Posts

See All
Maybe it is Time to Retire the NLRA

Within the first week of his presidency, President Trump removed National Labor Relations Board (“NLRB”) [1] General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox, leaving the NLRB without

 
 
 
The Splintering of “Catalyst Theory” in New York

Some of the New York Supreme Court, Appellate Divisions are now recognizing “catalyst theory” as a part of the New York State Equal Access to Justice Act (“EAJA”). To preserve the intent of the EAJA,

 
 
 

Comments

bottom of page