Four days ago, three members of the Trump Administration (Josh Gruenbaum of the GSA, Thomas Wheeler, acting general Counsel of the Dept. of Education, and Sean R. Keveney, acting general counsel of the Department of Health and Human Services), sent a Big Stick (or a rotten carrot) to the President of Harvard University and the head of the Harvard Corporation (Penny Pritzker, the sister of Illinois’s governor). It was one of those threatening letters that tell a university that they’d better reform—or else. “Else,” of course, is the withdrawal of federal funds. This threat was made to Columbia University, which caved. But Harvard didn’t. I suggest you read the Trump Administration’s letter by clicking on the screenshot below:
This is a Big Demand and covers multiple areas, which I’ll just summarize with bullet points. Quotes are from the letter:
- Harvard has to fix its leadership, reducing the power held by students, untenured faculty, and by “administrators more committed to activism than scholarship.”
- All hiring from now on must be based on merit and there will be no hiring based on “race, color, religion, sex, or national origin.”
- By August of this year, Harvard must have solely merit-based admissions, again without admissions based on ‘race, color, national origin, or proxies thereof.” The “proxies” presumably mean the way universities now get around bans on race-based and similar admissions by asking admission questions like, “describe how you overcame hardships in your life.”
- Reform international admissions, by not admitting students “hostile to the American values and institutions inscribed in the U.S. Constitution and Declaration of Independence, including students supportive of terrorism or anti-Semitism.”
- Harvard is to commission an external body to audit the university for viewpoint diversity. Though they’re not clear what “viewpoint diversity” means, it’s obvious that they want more conservative points of view and fewer professors pushing pro-Palestinian points of view
- Reforming programs with “egregious records of antisemitism or other bias”, including information about individual faculty who discriminated against Jewish or Israeli students or who incited violence
- Discontinue DEI programs, offices, committees, and the like
- Students are to be disciplined for violating University speech regulations, and student groups that promote violence, illegal harassment, or act as fronts for banned groups
- Harvard is to establish a whistleblowing procedure so that noncompliance with the Diktat above can be safely reported.
All this must be started no later than June 30 of this year, and Harvard has to report on its progress every quarter until at least the end of 2028.
Now many of these reforms are laudable (weakening of DEI, effacing any climate of anti-Semitism, mandating the kind of merit-based hiring used at Chicago, etc.), while others are problematic, the most being (to me) assuring “viewpoint diversity” (see Steve Pinker’s quote below). But the most offensive thing about this is the Trump Administration’s attempt to control universities using financial threats. Many of the people who will suffer by the withholding of government money (probably much of it earmarked for science) are not guilty of these violations, and it’s just a horrible idea to allow the government to demand that universities act this way or that.
Yes, Harvard should have already made some of these reforms, and I know it’s trying to enact some of them, but allowing political forces to control how colleges and universities are run takes one of America’s glories–the quality of its higher education that already attracts students from throughout the world–and turns it into an arm of one political party or another. (It would be just as bad if the Biden administration had threatened universities if they didn’t become more liberal, though of course they already are!). Universities should remain as independent as possible from the vagaries of politics, though of course if politics affects the mission of universities, then schools can speak out.
Harvard responded by giving Trump a big middle finger. Here’s the response from Alan Garber, President of the University, which I mentioned yesterday. Click headline to read:
A quote from the response:
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 [Administration’s] 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.
Harvard’s letter doesn’t address the specific accusations of the administration’s letter, but simply affirms that Harvard will “nurture a climate of open inquiry,” respect free speech save for the appropriate “time, place, and manner” restrictions, and will “foster and support a vibrant community that exemplifies, respects, and embraces difference.” There’s nothing about anti-Semitism, viewpoint diversity (save the last claim above), or merit-based hiring. Garber could have responded, point by point, to what it’s already is doing to meet the demands of the government, but that would simply be playing their game.
And so, the administration began punishing Harvard: last night the Trump Administration struck back by freezing 2.2 billion in funds to the school. (archived here). From the NYT article:
Harrison Fields, a spokesperson for the White House, said universities are not entitled to federal funding. “President Trump is working to Make Higher Education Great Again by ending unchecked anti-Semitism and ensuring federal taxpayer dollars do not fund Harvard’s support of dangerous racial discrimination or racially motivated violence. Harvard or any institution that wishes to violate Title VI is, by law, not eligible for federal funding.”
The university was the first to formally push back against the government’s efforts to force change in higher education.
Hours later, the multiagency Joint Task Force to Combat Anti-Semitism responded by announcing a freeze on $2.2 billion in multiyear grants and $60 million in multiyear contract value to Harvard.
And today’s NYT reports on Harvard’s decision (archived here) with a few words from Steve Pinker: (h/t Greg). They quote Harvard’s pushback as being “momentous”:
Harvard University is 140 years older than the United States, has an endowment greater than the G.D.P. of nearly 100 countries and has educated eight American presidents. So if an institution was going to stand up to the Trump administration’s war on academia, Harvard would be at the top of the list.
Harvard did that forcefully on Monday in a way that injected energy into other universities across the country fearful of the president’s wrath, rejecting the Trump administration’s demands on hiring, admissions and curriculum. Some commentators went so far as to say that Harvard’s decision would empower law firms, the courts, the media and other targets of the White House to push back as well.
“This is of momentous, momentous significance,” said J. Michael Luttig, a prominent former federal appeals court judge revered by many conservatives. “This should be the turning point in the president’s rampage against American institutions.”
Michael S. Roth, who is the president of Wesleyan University and a rare critic of the White House among university administrators, welcomed Harvard’s decision. “What happens when institutions overreach is that they change course when they meet resistance,” he said. “It’s like when a bully is stopped in his tracks.”
We’ll see if Harvard’s response gives some moxie to other threatened universities. So far Harvard hasn’t been one of them.
And Professor Pinker was quoted giving a good, pithy response:
Steven Pinker, a prominent Harvard psychologist who is also a president of the Council on Academic Freedom at Harvard, said on Monday that it was “truly Orwellian” and self-contradictory to have the government force viewpoint diversity on the university. He said it would also lead to absurdities.
“Will this government force the economics department to hire Marxists or the psychology department to hire Jungians or, for that matter, for the medical school to hire homeopaths or Native American healers?” he said.
I of course agree with Pinker and Garber. Harvard needs to handle its own problems itself, though yes, it has to handle any real problems judiciously but swiftly lest it lose students and its reputation. Already worried Jewish students are applying elsewhere (see here and here). The government already has the power to step in if Harvard has permitted a climate of anti-Semitism to occur, but I’m not so connected to my alma mater that I can judge that. And Greg Mayer reminded me that withholding money and making demands in this way is NOT legal. As he said:
Findings of punishable error (e.g., Title VI violations) must be made via the procedures specified in the law alleged to have been broken. There’s a lot of due process involved, including the right of response and a hearing before a disinterested party, before an allegation can become an actionable fact. And even then, only the violating entity can be punished– you can’t take away a botanist’s NSF grant because some dean of student affairs is anti-semitic.
So what the administration is doing is largely illegal, and certainly unethical and counterproductive. And universities don’t have to obey anything but court orders—not demands from an administration that wants to bully all of those damn elite, liberal schools.








