Our Vichy Moment, Part 2: Harvard Will Not Collaborate

 In my blog post yesterday, I explained why institutions need to stop collaborating in response to the Trump Administration's illegal orders.  As I summarized,  "Fighting is hard.  Fighting is risky.  But the lesson of history is that not fighting authoritarians, in the end, never ends well."

I was therefore pleased to see today that my law school alma mater, Harvard, has decided to fight. I urge you to read the letter to the community from Harvard President Alan Garber.  Here are highlights: 

Late Friday night, the administration issued an updated and expanded list of demands, warning that Harvard must comply if we intend to “maintain [our] financial relationship with the federal government.” It makes clear that the intention is not to work with us to address antisemitism in a cooperative and constructive manner. Although some of the demands outlined by the government are aimed at combating antisemitism, the majority represent direct governmental regulation of the “intellectual conditions” at Harvard.

I encourage you to read the letter to gain a fuller understanding of the unprecedented demands being made by the federal government to control the Harvard community. They include requirements to “audit” the viewpoints of our student body, faculty, staff, and to “reduc[e] the power” of certain students, faculty, and administrators targeted because of their ideological views. We have informed the administration through our legal counsel that we will not accept their proposed agreement. The University will not surrender its independence or relinquish its constitutional rights.

The administration’s prescription goes beyond the power of the federal government. It violates Harvard’s First Amendment rights and exceeds the statutory limits of the government’s authority under Title VI. And it threatens our values as a private institution devoted to the pursuit, production, and dissemination of knowledge. No government—regardless of which party is in power—should dictate what private universities can teach, whom they can admit and hire, and which areas of study and inquiry they can pursue.

Our motto—Veritas, or truth—guides us as we navigate the challenging path ahead. Seeking truth is a journey without end. It requires us to be open to new information and different perspectives, to subject our beliefs to ongoing scrutiny, and to be ready to change our minds. It compels us to take up the difficult work of acknowledging our flaws so that we might realize the full promise of the University, especially when that promise is threatened.

I also urge you to read the remarkable demand letter from the Trump Administration. It is a clear violation of the First Amendment.

Harvard is to be applauded.  They are putting hundreds of millions of research grant dollars at risk.  But as President Garber concluded in his letter, "All of us share a stake in safeguarding that freedom. We proceed now, as always, with the conviction that the fearless and unfettered pursuit of truth liberates humanity—and with faith in the enduring promise that America’s colleges and universities hold for our country and our world."