The number of colleges and universities with written policies that do not seriously threaten student expression are on the rise this year, according to the Foundation for Individual Rights and Expression’s 19th annual “Spotlight on Speech Codes” report, published Tuesday.

Since 2006, FIRE has grouped hundreds of public and private higher education institutions into three overall categories based on their campus speech policies: green, yellow and red lights. This year, 73 of the 490 (14.9 percent) colleges and universities surveyed received a green light ranking—meaning their policies don’t threaten free expression—compared to 63 last year. It’s the highest share since 2012, when just 3.6 percent of institutions earned green-light ratings. 

For the first time in 19 years, the number of green-light colleges outnumbered those in the red-light category (14.7 percent), reserved for institutions with policies that “clearly and substantially restrict free speech,” according to the report. Last year, 20 percent of institutions received a red-light rating.

Although political and institutional responses to campus protests related to the Israel-Hamas war reignited debate over free expression last year, the report attributed the decrease in red-light ratings to colleges and universities revising their policies related to harassment, hate speech and bias-reporting systems. Specifically, the report said that while bias-reporting systems have become popular over the past decade, they “have invited students to report protected speech simply because it offends them,” turned academic institutions into “referees of political and academic speech,” and created a “chilling effect on campus expression.”

Lawsuits, free speech advocacy—from students, alumni and groups like FIRE—and lawmaker scrutiny have all spurred changes in recent years.

“Over a dozen institutions have either substantially revised or eliminated entirely their bias reporting systems,” the report said. “Others have significantly reduced the prominence of their bias reporting teams, either by reducing the number of places on their website the team is mentioned or by requiring students enter their credentials to access the policy information.”

FIRE rated the majority of institutions—337, or 68.8 percent—as yellow, meaning they “maintain policies that impose vague regulations on expression.” And eight colleges—including Baylor University, Brigham Young University and Hillsdale College—received a warning rating for “clearly and consistently stat[ing] that they hold a certain set of values above a commitment to freedom of speech.”

Over all, private colleges have more restrictive policies than public colleges. Just 10.6 percent of public colleges earned red lights compared to 28 percent of private colleges—and only 7.1 percent of private colleges earned a green-light rating, compared to 17 percent of public ones.