Trump Administration Moves to Appeal Ruling Favoring Harvard

The Trump administration announced on September 17, 2020, its intention to appeal a federal court ruling that favored Harvard University in a significant case concerning free speech and federal funding for research. The U.S. government had previously halted grant payments to Harvard related to research projects, but resumed them shortly after a ruling by Judge Allison D. Burroughs of the Federal District Court in Boston on September 3.

The Justice Department, acting on a commitment from the White House, filed a brief notice indicating its intent to challenge Judge Burroughs’ decision in the U.S. Court of Appeals for the First Circuit. The department did not provide details regarding the legal basis for its appeal, which is set to include a related case brought forth by the American Association of University Professors and other academic groups.

Harvard initiated legal action against the government in April 2020 after the Trump administration imposed conditions on federal research funding. The demands included an evaluation of “programs and departments that most fuel antisemitic harassment or reflect ideological capture,” as well as the adoption of “merit-based” admissions and hiring practices. Harvard contended that these requirements infringed upon its First Amendment rights and accused the government of neglecting legal protocols in its funding decisions.

In its defense, the Trump administration asserted that it had the authority to terminate grants due to Harvard’s perceived inadequacies in combating antisemitism on campus. The Justice Department emphasized that federal research funding should not be viewed as “charitable gratuities.”

In her ruling, Judge Burroughs stated that the government’s actions were unlawful. She expressed concern that the administration had “used antisemitism as a smoke screen for a targeted, ideologically motivated assault on this country’s premier universities.” Furthermore, she underscored the necessity for the courts to protect academic freedom and freedom of speech as mandated by the Constitution.

Despite her ruling favoring Harvard, Judge Burroughs acknowledged that the government retains certain legal avenues to adjust federal funding. She noted that her court could not prevent government officials “from acting within their constitutional, statutory or regulatory authority,” allowing for potential future alterations to funding processes.

At the time of Judge Burroughs’ ruling, negotiations between Harvard and the federal government were already underway to resolve their differences. Although discussions had been ongoing, the Trump administration’s demands have evolved, and a settlement had not yet been reached, despite repeated statements from President Trump asserting that an agreement was imminent.

As the appeal process unfolds, the implications for federal funding and academic freedom remain critical to the broader discourse on free speech in higher education.