Democracy Experts Warn Targeting Academic Institutions Threatens Rule of Law

BOSTON — The States United Democracy Center today filed an amicus brief on behalf of a group of leading democracy experts in President and Fellows of Harvard College v. U.S. Department of Health and Human Services, urging the U.S. Court of Appeals for the First Circuit to uphold a lower court ruling blocking the Trump administration’s termination of more than $2 billion in federal funding to Harvard University. The brief warns that political retaliation against academic institutions is a symptom of a weakening democracy and a threat to the rule of law.

“A healthy democracy requires independent civic institutions that can operate outside of political influence,” said Samantha Trepel, Rule of Law Program Director at the States United Democracy Center. “Universities help ensure that no one has a monopoly on truth—not even those in power. When government officials use their authority to influence what universities teach, research, or prioritize, the damage extends beyond a campus to democracy itself. Protecting these academic institutions’ independence is essential to upholding the rule of law.”

The administration’s funding cuts followed Harvard’s refusal to comply with a series of demands related to its governance, hiring, admissions, and academic programs. Harvard is arguing the cuts were unlawful and violated its constitutional rights.

The brief argues that attacks on academic institutions are a common feature of backsliding democracies. It explains that governments seeking to consolidate power often target universities by threatening their autonomy, restricting academic freedom, or using financial pressure to force compliance. The experts argue that the Trump administration’s actions toward Harvard bear striking similarities to those patterns.

Signatories on this brief include: Michael Albertus, Nancy Bermeo, Javier Corrales, Scott L. Cummings, David M. Driesen, Francis Fukuyama, Tom Ginsburg, Gábor Halmai, Aziz Z. Huq, Sonia Mittal, Maria Popova, Kim Lane Scheppele, Susan Stokes, and Lucan Way.

Key excerpts from the brief include:

“Universities, with their commitment to the search for the truth and methods for assessing facts and creating knowledge, may pose a threat to rising authoritarian leaders. By asserting control over universities’ internal governance through the misuse or abuse of available legal tools, a leader gains the ability to censor public discourse, damage the development of scientific and other knowledge, and influence public perception—key tactics for a leader seeking to strengthen his hold on power.”

“The rule of law requires both the government and its citizens to be bound by the law. But that constraint is not self-enforcing. It depends on individuals and institutions capable of holding the government to account. And universities, including academics and students, are a vital part of that system, as they work to preserve academic freedom, including the ‘pursu[it] [of] truth as a vocation.’”

“By improperly targeting universities, students, and professors who speak out against their government and seek to produce new knowledge using trusted methods for assessing facts, leaders can further stifle public discourse and consolidate their power. … Taking aim at universities, professors, and students who represent disfavored viewpoints, including through funding and governance structures, enables a backsliding government to exert a chilling effect that deters other scholars, university faculty, and students from vocally opposing the government’s policies.”

Read a summary of the amicus brief here.

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About the States United Democracy Center

States United is a nonpartisan 501(c)(3) organization dedicated to the rule of law and free, fair, secure elections. We provide direct support to state officials and law enforcement leaders as they uphold the law and our system of checks and balances, protect public safety, defend elections, and preserve our democracy. For more information, visit statesunited.org.