
Crimson chide: Harvard makes the case against itself
Harvard faculty members are finally upset about free speech and viewpoint intolerance. Hundreds of professors signed a letter of outrage over what they called an attack on the 'rights of free expression, association, and inquiry' in higher education.
The cause for this outcry is the threat to end the university's tax exempt status, freezing federal grants, and other punitive measures. Some of those measures raise serious concerns over academic freedom and free speech.
The problem is that Harvard faculty members have spent decades denying those rights to teachers and students alike.
There is an almost comical lack of self-awareness among Harvard faculty members who express concern about protecting viewpoint diversity and academic integrity. The letter gives off that same queasy feeling as when CBS morning host Gayle King insisted she is an astronaut, just like Alan Shepard, due to her 10-minute jaunt in space on the Blue Origin. One is just left speechless, looking awkwardly at one's shoes.
Many of these signatories have been entirely silent for years as departments purged their ranks of conservatives to create one of the most perfectly sealed-off echo chambers in all of higher education. Harvard ranks dead last for free speech, awarded a 0 out of 100 score last year by the Foundation for Individual Rights and Expression. There has been no outcry about this from most of these professors.
There has long been a culture of intolerance at Harvard. Just last month, Harvard Professor Timothy McCarthy called upon the university to fire any any faculty who do not support the use of 'gender-affirming care' on children.
Just last year, the president of Harvard University's Institute of Politics called for the the express abandonment of nonpartisanship as a touchstone of the institute after President Trump's second election.
Dean of Social Science Lawrence Bobo recently rejected the notion of free speech as a 'blank check' and said that criticizing university leaders like himself or school policies is now viewed as 'outside the bounds of acceptable professional conduct.'
The Trump Administration is right to focus on Harvard as an example of all that is wrong with higher education today. Like most universities, Harvard's faculty runs from the left to the far left. For years, the university has been criticized for extreme ideological bias in hiring and admissions. The faculty merely harrumphed. After all, this is Harvard.
Consider the numbers. In a country with a plurality of conservative voters in the last election, less than 9 percent of the Harvard student body is conservative. Less than 3 percent of the faculty identified as conservative.
That is more than an academic echo chamber. It is an academic sensory deprivation tank.
Harvard faculty have purged conservative faculty for years and created one of the most hostile environments for free speech in all of higher education. Even with the virtual absence of conservative faculty and an overwhelmingly liberal class, only 33 percent of graduating students feel comfortable speaking their minds freely at Harvard.
In a recent debate at Harvard Law School, I debated the respected Professor Randall Kennedy on the lack of ideological diversity at Harvard. I do not consider Kennedy anti-free speech or intolerant. Yet during the debate, I noted the statistics on the vanishing number of conservative students and faculty at Harvard in a country divided quite evenly politically. Kennedy responded that Harvard 'is an elite university' and does not have to 'look like America.'
The problem is that Harvard does not even look like Massachusetts, which is nearly 30 percent Republican. At the law school, only a tiny number of faculty members agree with the views of the majority of the Supreme Court and roughly half of the federal judiciary.
For the record, I have criticized the threat of removing Harvard's tax-exempt status and other measures that threaten free speech. However, as I discuss in my book ' The Indispensable Right,' there are ways to force greater diversity without curtailing academic freedom. That includes federal and state governments withholding government funding from these schools until there is greater diversity and tolerance on campuses.
For years, these administrators and professors have shown an abundance of arrogance and a paucity of concern over free speech. They showed little concern for how they were damaging this historic institution. In just one generation, higher education is in a free fall across the country as professors pursued ideological over institutional interests. If universities were conventional corporations, virtually every university president and board in the country would be removed for violation of their fiduciary duties.
But there is no such fiduciary obligation in education. Liberal presidents, boards, and faculty have eliminated most dissenting voices to their agendas. Indeed, many Harvard faculty would sooner bulldoze every building to the ground than restore true ideological diversity to their departments or abandon biased hiring and admissions.
Harvard spent millions fighting to defend their use of race in admissions — including discrimination against Asians in a shockingly demeaning and dehumanizing manner — until it lost before the Supreme Court in 2023. In the meantime, the university has been forced to introduce remedial, high-school-level math courses for its students due to falling scholastic standards.
Of course, none of that history is mentioned in the letter. Instead, one signatory to the Harvard letter, Kennedy School professor Archon Fung, explained that 'It is a very predictable pattern that authoritarian governments go after two institutions first, which is the media and universities.' It was a telling argument. Much like academia, journalism schools abandoned objectivity and neutrality in favor of advocacy journalism. As a result, revenue and readers are plunging as citizens turn away from the mainstream echo chamber in favor of new and independent media.
Fung further argued, 'We're one of the two or three pillars that are really, really important for free discussion and inquiry in a democratic society, which is the beating heart of a democracy.'
It is precisely the free discussion and inquiry that Harvard, in maintaining its orthodox culture, has denied to conservatives and libertarians.
When it comes to the unjustifiable cancellation of its tax-exempt status, many of us will continue to argue for moderation in dealing with Harvard. The last thing we need in this debate is the help of the Harvard faculty.
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CNN
29 minutes ago
- CNN
How a Supreme Court decision backing the NRA is thwarting Trump's retribution campaign
As Harvard University, elite law firms and perceived political enemies of President Donald Trump fight back against his efforts to use government power to punish them, they're winning thanks in part to the National Rifle Association. Last May, the Supreme Court unanimously sided with the gun rights group in a First Amendment case concerning a New York official's alleged efforts to pressure insurance companies in the state to sever ties with the group following the deadly 2018 school shooting in Parkland, Florida. A government official, liberal Justice Sonia Sotomayor wrote for the nine, 'cannot … use the power of the State to punish or suppress disfavored expression.' A year later, the court's decision in National Rifle Association of America v. Vullo has been cited repeatedly by federal judges in rulings striking down a series of executive orders that targeted law firms. Lawyers representing Harvard, faculty at Columbia University and others are also leaning on the decision in cases challenging Trump's attacks on them. 'Going into court with a decision that is freshly minted, that clearly reflects the unanimous views of the currently sitting Supreme Court justices, is a very powerful tool,' said Eugene Volokh, a conservative First Amendment expert who represented the NRA in the 2024 case. For free speech advocates, the application of the NRA decision in cases pushing back against Trump's retribution campaign is a welcome sign that lower courts are applying key First Amendment principles equally, particularly in politically fraught disputes. In the NRA case, the group claimed that Maria Vullo, the former superintendent of the New York State Department of Financial Services, had threatened enforcement actions against the insurance firms if they failed to comply with her demands to help with the campaign against gun groups. The NRA's claims centered around a meeting Vullo had with an insurance market in 2018 in which the group says she offered to not prosecute other violations as long as the company helped with her campaign. 'The great hope of a principled application of the First Amendment is that it protects everybody,' said Alex Abdo, the litigation director of the Knight First Amendment Institute. 'Some people have criticized free speech advocates as being naive for hoping that'll be the case, but hopefully that's what we're seeing now,' he added. 'We're seeing courts apply that principle where the politics are very different than the NRA case.' The impact of Vullo can be seen most clearly in the cases challenging Trump's attempts to use executive power to exact revenge on law firms that have employed his perceived political enemies or represented clients who have challenged his initiatives. A central pillar of Trump's retribution crusade has been to pressure firms to bend to his political will, including through issuing executive orders targeting four major law firms: Perkins Coie, Jenner & Block, WilmerHale and Susman Godfrey. Among other things, the orders denied the firms' attorneys access to federal buildings, retaliated against their clients with government contracts and suspended security clearances for lawyers at the firms. (Other firms were hit with similar executive orders but they haven't taken Trump to court over them.) The organizations individually sued the administration over the orders and the three judges overseeing the Perkins Coie, WilmerHale and Jenner & Block suits have all issued rulings permanently blocking enforcement of the edicts. (The Susman case is still pending.) Across more than 200-pages of writing, the judges – all sitting at the federal trial-level court in Washington, DC – cited Vullo 30 times to conclude that the orders were unconstitutional because they sought to punish the firms over their legal work. The judges all lifted Sotomayor's line about using 'the power of the State to punish or suppress disfavored expression,' while also seizing on other language in her opinion to buttress their own decisions. Two of them – US district judges Beryl Howell, an appointee of former President Barack Obama, and Richard Leon, who was named to the bench by former President George W. Bush – incorporated Sotomayor's statement that government discrimination based on a speaker's viewpoint 'is uniquely harmful to a free and democratic society.' The third judge, John Bates, said Vullo and an earlier Supreme Court case dealing with impermissible government coercion 'govern – and defeat' the administration's arguments in defense of a section of the Jenner & Block order that sought to end all contractual relationships that might have allowed taxpayer dollars to flow to the firm. 'Executive Order 14246 does precisely what the Supreme Court said just last year is forbidden: it engages in 'coercion against a third party to achieve the suppression of disfavored speech,'' wrote Bates, who was also appointed by Bush, in his May 23 ruling. For its part, the Justice Department has tried to draw a distinction between what the executive orders called for and the conduct rejected by the high court in Vullo. They told the three judges in written arguments that the orders at issue did not carry the 'force of the powers exhibited in Vullo' by the New York official. Will Creeley, the legal director at the Foundation for Individual Rights in Education, said the rulings underscore how 'Vullo has proved its utility almost immediately.' 'It is extremely useful to remind judges and government actors alike that just last year, the court warned against the kind of shakedowns and turns of the screw that we're now seeing from the administration,' he said. Justice Department lawyers have not yet appealed any of the three rulings issued last month. CNN has reached out to the department for comment. In separate cases brought in the DC courthouse and elsewhere, Trump's foes have leaned on Vullo as they've pressed judges to intervene in high-stakes disputes with the president. Among them is Mark Zaid, a prominent national security lawyer who has drawn Trump's ire for his representation of whistleblowers. Earlier this year, Trump yanked Zaid's security clearance, a decision, the attorney said in a lawsuit, that undermines his ability to 'zealously advocate on (his clients') behalf in the national security arena.' In court papers, Zaid's attorneys argued that the president's decision was a 'retaliatory directive,' invoking language from the Vullo decision to argue that the move violated his First Amendment rights. ''Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors,'' they wrote, quoting from the 2024 ruling. 'And yet that is exactly what Defendants do here.' Timothy Zick, a constitutional law professor at William & Mary Law School, said the executive orders targeting private entities or individuals 'have relied heavily on pressure, intimidation, and the threat of adverse action to punish or suppress speakers' views and discourage others from engaging with regulated targets.' 'The unanimous holding in Vullo is tailor-made for litigants seeking to push back against the administration's coercive strategy,' Zick added. That notion was not lost on lawyers representing Harvard and faculty at Columbia University in several cases challenging Trump's attacks on the elite schools, including one brought by Harvard challenging Trump's efforts to ban the school from hosting international students. A federal judge has so far halted those efforts. In a separate case brought by Harvard over the administration's decision to freeze billions of dollars in federal funding for the nation's oldest university, the school's attorneys on Monday told a judge that Trump's decision to target it because of 'alleged antisemitism and ideological bias at Harvard' clearly ran afoul of the high court's decision last year. 'Although any governmental retaliation based on protected speech is an affront to the First Amendment, the retaliation here was especially unconstitutional because it was based on Harvard's 'particular views' – the balance of speech on its campus and its refusal to accede to the Government's unlawful demands,' the attorneys wrote.
Yahoo
43 minutes ago
- Yahoo
‘We are not just fighting for Harvard': For alums, this year feels different
In the 45 years since graduating from Harvard University, Laura Hastings has never been to a reunion. 'I've always felt that Harvard didn't need me,' Hastings said. However, like many of her classmates, when she saw the escalating battle between her alma mater and the Trump administration, she realized this year was the moment for her to 'show up.' The alumni day had a record of 9,000 attendees this year, a speaker said. A sea of maroon Harvard regalia coated the Cambridge streets as some men walked around with tophats and suits, and others waved reunion flags. Shrieks bounced off the brick buildings as classmates saw each other and young children in oversized Harvard merch clung to their parents. Read more: Funding cuts, lawsuits, foreign students: The latest on Trump's war with Harvard University The event comes only a few hours after the institution amended one of its lawsuits against the federal government on Thursday evening and asked for a temporary restraining order. Those actions were in response to President Donald Trump's issuance of a proclamation this week declaring that the school's foreign students would not be allowed into the country. Harvard has been a leader in resisting — through multiple lawsuits — the Trump administration as it attempts to cut billions of dollars from the university in addition to research funding. In one of the cuts, the U.S. Department of Health and Human Services said it was due to 'continued failure to address anti-Semitic harassment and race discrimination.' 'In the Trump Administration, discrimination will not be tolerated on campus. Federal funds must support institutions that protect all students,' the department said. Hastings said she has had some embarrassment about going to Harvard as an elite institution. 'Elite universities, by their very definition, suggest exclusion,' she said, adding that she had a privileged upbringing. While higher education can be the thing that can help people advance to higher-paying and more prestigious careers, the federal government has tapped into a segment of the population who feels excluded by higher education, said Hastings, who is a professor at Georgia State University. One Harvard alum who spoke with MassLive on Friday traveled across the United States border to come to the reunion, despite his fears of being let in — or out — of the country. MassLive isn't using his name because he isn't a citizen of the United States and fears retaliation from the federal government. 'As a non-citizen and non-[permanent resident] you have no procedural rights at the border, meaning that they could ask to see my phone, my messages, my WhatsApp history, anything that they would take that is politically not congruent with what they want they could use that as a basis to deny me entry,' he said. 'I was worried that that would happen. So I scraped my phone of messages that would indicate a political leaning that was contrary to what the administration would be putting out there,' he said. As Harvard fights against the federal government, alumni are doing the same. Members of Crimson Courage, a community of Harvard alumni whose mission is to stand up for academic freedom, urged alumni to wear stickers of support and sign on to a legal document, also known as an amicus brief, in support of Harvard's second lawsuit against the Trump administration focused on international students. 'It's just absolutely incredible. I've never seen this type of mobilization,' said Evelyn Kim, a Harvard alum and Crimson Courage organizer. Kim said the backing of Crimson Courage is helpful for Harvard to know that their community supports them. 'We are not just fighting for Harvard,' Kim said. 'We are fighting for every higher education institution's right to be able to pursue the research they want to do, teach what they want to teach, admit the students that they want to admit. This isn't just about Harvard, it's about all higher education,' she said. Crimson Courage is aiming to have other campuses create their own chapters to back their institutions in the face of cuts or other actions from the federal government. Lisa Paige, an alum and organizer with Crimson Courage, said the organization has around 300 volunteers and has continued to grow. Hastings, who handed out Crimson Courage stickers on Friday to alums, said that while there is overwhelming support, resistance from alums is also apparent. She said many people said they didn't want to talk about the Trump administration's actions against Harvard — instead wanting to enjoy their reunion. One alum who told her he stopped giving money to Harvard because it has become 'too liberal.' Much of what the Trump administration has critiqued about Harvard has focused on campus antisemitism, race discrimination and a lack of political diversity. All of the alums MassLive spoke with on Friday said they don't believe these explanations are why the federal government is going after Harvard. Hastings, for instance, said she thought Harvard leaned too conservative in its beliefs when she was a student on campus. And, as a Jew, she thinks the claim of antisemitism is ultimately being used as a 'scapegoat' for the administration to go after Harvard. The government going after universities is a 'red flag for a democracy' which could harm freedom of thought and speech, according to Olumide Adebo, a Harvard graduate school alum. At the same time, Adebo, along with many other alumni, has criticisms of how Harvard has reacted since the Trump administration shined a light on Harvard. One is the cancellation of affinity graduations — which was something he enjoyed when he graduated from Harvard. 'Whatever criticisms I can offer to Harvard are fairly similar to what I offer to our society in terms of how we embrace diversity and equity in general,' he said. Adebo pointed to the university not backing former president Claudine Gay, who stepped down in early 2024 after about six months on the job, and defending her against the attacks claiming that she had plagiarized scholarly work. 'That seems to me to be a very short leash for anybody in leadership. Frankly, regardless of the missteps. Especially since she was fully vetted before being hired for the role,' he said. Read more: What a monk, a librarian and a dentist have to do with Harvard's fight with Trump To the alum who is not a U.S. citizen, the debate about the future of higher education, funding between public and private higher education and research funding are all 'welcomed.' There are valid critiques about the 'historical injustices' of who is allowed into an institution like Harvard and who isn't — even if the university has been working to address those issues, the alum said. However, the efforts to dismantle Harvard and higher education by the federal government go beyond what is necessary into something that is dangerous, the alum said. As the senior grant manager at Mass General Brigham, a Harvard affiliate, Mary Anne Fox, said she has seen firsthand the attempts at dismantling her alma mater — and the consequences of that. It has been a 'shock' as the attacks against Harvard have emanated into research which won't just hurt the institution but the international research infrastructure, she said. She said she came today to show her support for the institution. 'Now I'm really proud to be from Harvard,' she said. 'I didn't know people hated Harvard so much in the country,' she said. Fox prominently wore a keffiyeh, a traditional headdress worn by people in the Middle East that has taken on a greater symbol of resistance in the United States in support of Palestinians. She said she wore it on that day because many students at Harvard can't — and there is little the university can do against her in response. 'What are they going to do? Suck the degree back out of my head?' she said. Peter Coccoluto, joined by his wife, said he came on Friday to Harvard for his 70th reunion in part due to the actions taken toward the university. 'I feel we are being besieged by an ignorant man who also has the bad quality of seeking revenge on anyone who crosses his path,' Coccoluto said. 'I am here to support Harvard and to urge them to fight, fight, fight, because we fight not only for Harvard, but for all of the other free institutions of learning, higher learning,' he said. Casey Wenz stood outside the Harvard Yard on Friday morning with a finger brace holding up a wooden sign that read 'Harvard Thank You For Your Courage.' While she doesn't have an affiliation with the university, as a Cambridge resident, she said she wanted to show her gratitude to the university for 'standing up for themselves' and ultimately 'standing up for all of us.' She said she has friends who are international students and work at Harvard and that the federal government's actions against Harvard are hurting the country's economy. 'He's knee-capping innovation. And I think undoing that will take years — possibly decades,' she said. 'We might be losing a week or a month for every day that we lose in the research lab,' she said. What a monk, a librarian and a dentist have to do with Harvard's fight with Trump Judge blocks Trump admin from banning Harvard international students from entering US 'Singling out': Harvard president says Trump admin is retaliating against institution 'Government vendetta': Harvard fights back after Trump blocks its foreign students from US Funding cuts, lawsuits, foreign students: The latest on Trump's war with Harvard University Read the original article on MassLive.


Boston Globe
3 hours ago
- Boston Globe
Harvard withheld their degrees for participating in a pro-Palestinian protest. They don't regret it.
'It felt like a culmination of things that had already been happening,' said Joshi in an interview this week with the Globe. 'It felt inseparable from the way they were treating pro-Palestinian protests in general.' A year since Harvard refused to award degrees to the 13 graduating seniors who participated in a pro-Palestinian encampment on Harvard Yard, the students say the experience left them feeling disillusioned about their Ivy League education and frustrated with what transpired, but grounded in their activism and largely unscathed. A handful are now pursuing graduate degrees from other elite universities, and others are working. Some are still participating in protests. A pro-Palestinian protest encampment behind a gate of Harvard Yard in April 2024. Andrew Burke-Stevenson for The Boston Globe Advertisement All were eventually awarded their Harvard degrees in the months after their intended graduation, the graduates said. After the war in Gaza between Israel and Hamas began, the 2024 tent encampments on Harvard Yard became one of the key symbols of a pro-Palestinian student movement that spread across the nation. At Harvard, both Jewish and Muslim students reported feeling uncomfortable, while a Advertisement On Oct. 7, 2023, Hamas-led militants killed some 1,200 people, mostly civilians, and abducted 251 people from Israel. Gaza health authorities have said that Israel's retaliatory offensive has The Harvard student protesters agreed days before commencement in 2024 to dismantle the encampment; university leaders Days later, the students found out they wouldn't graduate since they were not in 'good standing' with the university due to multiple campus policy violations related to the encampment. That prompted another wave of outrage among students and faculty, more than 1,000 of whom reportedly Graduating students walked out of the 373nd Commencement at Harvard University to call attention to the plight of Palestinians on May 23, 2024. The university's top governing board rejected the recommendation of faculty to allow 13 pro-Palestinian students who participated in a three-week encampment in Harvard Yard to graduate with their classmates. Craig F. Walker/Globe Staff Some protestors, including Joshi, were allowed to don their caps and gowns at Harvard's 2024 Commencement and walk across the stage. Joshi said she was handed a piece of white cardboard instead of a degree. Others, however, were barred from commencement. Syd Sanders, 23, was told to withdraw from the university (a directive that he says was later dropped) and was banned from graduation. He had several ongoing student disciplinary cases at the time related to what he described as 'a long and storied career' in on-campus activism. 'They kept trying to evict me,' Sanders said in an interview this week, 'They would go by my dorm and be like, 'Why is all your stuff still here?'' Sanders was the final of the 13 students to receive a degree, to his knowledge. Advertisement 'They mailed it to me in February,' Sanders said. In a statement, Harvard spokesperson Jonathan Palumbo said that the university does not comment on student matters and did not further comment for this story. The impact of the withheld degrees varied by graduate. Phoebe Barr, 24, was among the protesters who were placed on an involuntary leave by the university, meaning she lost access to her dorm room and could not work at her on-campus job for the remainder of the semester. 'I was homeless and unemployed very suddenly,' Barr said. She stayed on the couch of someone who offered her a place to crash. Those are the memories of Harvard she wants to recall, she said, the acts of kindness in the community. 'For all the hostility we received, we also saw a real outpouring of support from the community of Harvard students, faculty, and those who lived around us in Cambridge,' she said. Barr was denied access to the Harvard campus at the end of her senior year. Lane Turner/Globe Staff Barr's temporarily withheld history and literature degree also impacted her search for a job after college: She could not list her undergraduate degree as her highest level of education. Not knowing when she would get her degree, she said, was difficult and stressful as she cobbled together cover letters and resumes. To potential employers, she wrote that her degree was still pending. Her degree was conferred in July last year; she got a job at a Boston University library that fall. Joshi's probation was initially to last until May 2025, meaning she would graduate a year later than planned. That timing was a problem: If she weren't in good standing with the university, she'd lose her Harvard fellowship to fund a master's degree at the University of Cambridge in England. Advertisement The funding securing her spot at Cambridge eventually came through after Harvard conferred her degree over the summer. Sanders, however, said that, at least for him, the lack of a degree didn't have any impact on his professional life. He still moved to California and got his dream job as a union organizer. 'I can't imagine a career in college activism was an inhibitor to becoming a union organizer — it was probably an asset," Sanders said. The encampment taught him how to do effective community organizing, lessons he said he is applying today as he helps organize support for immigrants targeted for Immigration and Customs Enforcement arrests. 'It was the most sacred moment of community I have ever felt in my life,' Sanders said of the Harvard encampment. 'No regrets.' A protester hung a Palestine flag in the pro-Palestinian encampment in Harvard Yard on May 7, 2024. Lane Turner/Globe Staff Sanders is now an activist in Oakland and is working as a bartender and waiter (he quit his union organizing job). 'Just like everybody else who graduated on time, I'm figuring life out,' Sanders said. He's thinking of applying to grad school or getting another union organizer job; he still participates in pro-Palestinian demonstrations. Had the protesters' probation resulted in them walking at graduation this year, they would've been at a much different ceremony. This May, Garber was greeted by 'It was pretty jarring,' said Barr, who attended the commencement to take part in a pro-Palestinian demonstration. 'Last year, he was booed by the audience.' Advertisement While she is glad to see Harvard fighting Trump, she said it does not negate her frustrations with how the university handled the encampment last year. Joshi added that while there is a lot of excitement for Harvard's stance against Trump, the school's stance on free speech and academic freedom still 'rings hollow' to her. She is now finishing a master's degree in sociology at the University of Cambridge — funded by the Harvard fellowship that almost didn't materialize — and writing her dissertation on South Asian involvement in the Palestinian movement in the UK. After graduation, she plans to find legal work at a nonprofit. Overall, she remembers the Harvard protests as a success: They drew attention to the thousands of children who have died in Gaza and will never have the chance to grow up to get a degree, she said. Material from the Associated Press was used in this report. Erin Douglas can be reached at