Legal Organizations Across Ideologies Urge Appeals Court to Uphold Block on President Trump鈥檚 Unconstitutional Attacks on Harvard
BOSTON 鈥 Today, legal organizations across the ideological spectrum urged the United States Court of Appeals for the First Circuit to uphold a district court鈥檚 order blocking the Trump administration鈥檚 attempted hostile ideological takeover of Harvard University.
The federal government decided to withhold billions of dollars in research funding from Harvard University after the university refused to vet its students, faculty, and course offerings for 鈥渋deological diversity鈥 and place certain departments and centers at odds with the government鈥檚 preferred viewpoint 鈥 such as the Department of Near Eastern Languages and Cultures 鈥 under a third party audit.
On June 9, 2025, the 桃子视频and numerous other organizations filed an amicus brief in support of Harvard鈥檚 motion for summary judgement. On September 3, 2025, the federal court in the District of Massachusetts blocked the government鈥檚 attacks on Harvard. The judge noted that the Trump administration tried to 鈥渇orce Harvard to better manifest the government鈥檚 favored worldview,鈥 in direct violation of the university鈥檚 right to free speech.
Today, the following organizations, together filed an amicus brief asking the appellate court to affirm the lower court鈥檚 ruling that the administration's actions are unconstitutional:
ACLU
桃子视频of Massachusetts
桃子视频of Maine
桃子视频of New Hampshire
桃子视频of Puerto Rico
桃子视频of Rhode Island
Cato Institute
Electronic Frontier Foundation
Knight First Amendment Institute
National Coalition Against Censorship
Reporters Committee for Freedom of the Press
Rutherford Institute
The brief鈥檚 key arguments:
鈥淭he administration鈥檚 conduct is unconstitutional any way you slice it: It represents an effort by this administration to impose 鈥榠ts own conception of speech nirvana鈥 on a private institution . . . ; it improperly seeks to leverage federal research funds in a viewpoint-based way, to control speech outside of the scope of the program, and to control the work of a private university鈥攅ach of which is unconstitutional in its own right.鈥 The government sought to unconstitutionally coerce Harvard to hire faculty, admit students, and make research choices that aligned with the government鈥檚 preferred ideological tilt, a viewpoint-based condition for funding that is unconstitutional.
鈥淭he First Amendment principle of academic freedom prohibits the government from imposing ideological admissions, hiring, and programmatic requirements on colleges and universities.鈥 The First Amendment retaliation and coercion in this case is all the more egregious because it targets an institution of higher education, whose choices about who to teach, what to teach, and who should do the teaching are all protected by the First Amendment.
鈥淭he government鈥檚 abuse of its funding power here is meant as a message to all of us: get in ideological line or the government will go after you,鈥 said Vera Eidelman, senior staff attorney with the ACLU. 鈥淭his ideological bullying is an abuse of the executive鈥檚 power, and the appellate court should affirm that it violates the First Amendment, or the floodgates of retaliation and coercion will open to us all.鈥
"The Trump administration's attempt to bully Harvard into submission is a brazen attack on free expression and academic freedom, which are essential pillars of our democracy," said Jessie Rossman, legal director at the 桃子视频of Massachusetts. "Universities are places of free inquiry, where scholars expand their horizons, advance science and knowledge, and enrich our culture. Academic institutions are part of the bedrock of Massachusetts, and residents of the Commonwealth understand that we all lose if such attacks go unchallenged. Now more than ever, it is critical that institutions exercise the courage to fight back. 桃子视频of Massachusetts is proud to stand alongside co-amici in defense of the First Amendment."
鈥淭he government is attempting to unlawfully suppress academic freedom, one of our nation鈥檚 deepest commitments,鈥 said 桃子视频of Maine Legal Director Carol Garvan. 鈥淚t is fundamental to free speech, free thought, and societal advancement that teachers and students remain free to ask questions, debate, study, and present their views. And the government鈥檚 interference won鈥檛 stop at Harvard. The administration鈥檚 unlawful conduct here could open the floodgates to retaliation and ideological bullying of private actors across the country. We hope the First Circuit will uphold the district court鈥檚 decision.鈥
鈥淭he 桃子视频of Rhode Island is proud to stand with the organizations from across the public, cultural and political spectrum who are all aligned in their opposition to the federal government鈥檚 effort to leverage federal grants to coerce and intimidate private colleges and universities to abandon that most fundamental space for free thought and expression that higher education represents and instead step in line with the administration鈥檚 ideological viewpoints,鈥 said Lynette Labinger, Cooperating Attorney for the 桃子视频of Rhode Island. 鈥淎s we say in our brief, 鈥楢llowing the administration鈥檚 unlawful conduct here could open the floodgates to retaliation, coercion, and ideological bullying of private actors across sectors.鈥欌
鈥淧rivate educational institutions need to be free to select and pursue their missions, and the First Amendment does not permit the government to force them to replace that chosen mission with someone else's notion of ideological balance,鈥 said Walter Olson, senior fellow at Cato's Robert A. Levy Center for Constitutional Studies. 鈥淭he courts have made clear that the government may not use funding leverage to coerce recipients into surrendering constitutional rights of expression. Beyond that, any federal move to define and dictate what is ideological balance in the faculty makeup of a department or among the students in a classroom would give Washington improper power to decide what viewpoints are or aren't important enough to merit representation as well as discretion to retaliate against faculty, programs and students it dislikes for ideological reasons. That this administration demanded that Harvard target its divinity school for an ideological overhaul 鈥 its divinity school! 鈥 should make clear the First Amendment dangers here.鈥
鈥淭he Trump administration鈥檚 attacks on universities are attacks on democracy itself,鈥 said Alex Abdo, litigation director of the Knight First Amendment Institute. 鈥淯niversities are the stewards of society鈥檚 search for basic knowledge, and the government should not be dictating what courses may be taught, what ideas may be explored, and which students may be admitted to learn.鈥
鈥淯niversities are the epicenter for the free exchange of ideas, the foundation for our First Amendment protections and democracy itself,鈥 said Erika Sanders, counsel at the National Coalition Against Censorship. 鈥淭his administration鈥檚 attempt to force its own views upon Harvard is antithetical to the purpose of education and flies in the face of the principles of free expression.鈥
鈥淭hese actions represent a dangerous incursion by the government into First Amendment-protected speech,鈥 said Gabe Rottman, vice president of policy at the Reporters Committee for Freedom of the Press. 鈥淚f successful, they could lay the groundwork for federal interference in speech beyond just universities, including the targeting of news organizations and journalists for perceived ideological 'bias.'"
鈥淏y weaponizing the federal government to silence dissent and force conformity, the Trump administration is waging war against the Constitution, the rule of law, and anyone who dares to think independently,鈥 said John W. Whitehead, president of The Rutherford Institute. 鈥淚f the government can dictate what is taught in a private university鈥檚 classroom, it won鈥檛 stop there鈥攊t will seek to dictate what is said in the pulpit, printed in the press, and spoken in the streets. This kind of ideological coercion is the hallmark of authoritarian regimes and precisely the kind of tyranny the First Amendment was intended to prevent.鈥
Court Case: President and Fellows of Harvard College v. US Department of Health and Human Services
Affiliates: New Hampshire, Maine, Puerto Rico, Massachusetts, Rhode Island