Harvard Wins Legal Battle over Research Funding, Citing First Amendment Rights

• “Today’s decision confirms the bedrock constitutional protections against this administration’s attacks on higher education.” – Jessie Rossman, legal director at the ACLU of Massachusetts

BOSTON – A federal court delivered Harvard University a significant victory on Wednesday, ruling that the Trump administration acted unlawfully when it attempted to rescind billions of dollars in research funding in what the judge described as an unconstitutional effort to control the university’s viewpoints.

Judge Allison D. Burroughs of the U.S. District Court in Boston issued the ruling, writing in her 84-page opinion that the administration’s actions violated Harvard’s First Amendment rights and amounted to a direct assault on academic freedom. The court permanently enjoined the Trump administration from cutting off Harvard’s federal research money in retaliation for the exercise of its constitutional rights.

“We must fight against antisemitism, but we equally need to protect our rights, including our right to free speech, and neither goal should nor needs to be sacrificed on the altar of the other,” Burroughs wrote in the ruling.

She added, “Now it is the job of the courts to similarly step up, to act to safeguard academic freedom and freedom of speech as required by the Constitution, and to ensure that important research is not improperly subjected to arbitrary and procedurally infirm grant terminations, even if doing so risks the wrath of a government committed to its agenda no matter the cost.”

The decision capped months of legal wrangling after the administration froze Harvard’s federal research funds in April, citing concerns about campus antisemitism and what officials called “ideological capture.” In a letter delivered to Harvard on April 11, the administration sought to condition continued funding on sweeping demands, including third-party audits of departments, the elimination of diversity, equity and inclusion programs, and new admissions and hiring practices.

Harvard rejected those demands on April 14, prompting the government to announce that same day it would begin cutting off funding. The university filed suit a week later.

“All told, the trade-off put to Harvard was clear: Allow the government to micromanage your viewpoints and your academic institution or jeopardize your ability to pursue medical breakthroughs, scientific discoveries and innovative solutions,” Harvard lawyers wrote in a June filing. They added that the administration’s “content- and viewpoint-based attempt to coerce and control Harvard is blatantly unconstitutional.”

Civil liberties groups, including the American Civil Liberties Union and the ACLU of Massachusetts, also weighed in. “Today’s opinion makes clear that the government doesn’t get to bully private institutions into bending to its ideological will, including by rescinding funding,” said Vera Eidelman, senior staff attorney with the ACLU (ACLU).

Jessie Rossman, legal director at the ACLU of Massachusetts, said, “Academic freedom is core to the preservation of our democracy. Here in Massachusetts, we have a deep understanding of the irreplaceable role our colleges and universities play in advancing knowledge and enriching our culture. Today’s decision confirms the bedrock constitutional protections against this administration’s attacks on higher education.”

The White House blasted the decision. “To any fair-minded observer, it is clear that Harvard University failed to protect their students from harassment and allowed discrimination to plague their campus for years,” said Liz Huston, a White House spokeswoman.

“Harvard does not have a constitutional right to taxpayer dollars and remains ineligible for grants in the future.” Huston said the administration would appeal the ruling, calling it “egregious,” and expressed confidence it would ultimately prevail.

Harvard President Alan M. Garber issued a measured response, saying the university would “continue to assess the implications of the opinion, monitor further legal developments and be mindful of the changing landscape in which we seek to fulfill our mission.”

He added that the ruling “affirms Harvard’s First Amendment and procedural rights, and validates our arguments in defense of the university’s academic freedom, critical scientific research, and the core principles of American higher education.”

The ruling also drew support from academic groups that joined the legal challenge. Joseph Sellers and Corey Stoughton, lawyers representing the American Association of University Professors and other organizations, called it “a decisive victory for academic freedom and research in the public interest.”

But they cautioned Harvard against compromising in settlement talks with the government, saying, “We hope this decision makes clear to Harvard’s administration that bargaining the Harvard community’s rights in a compromise with the government is unacceptable.”

The case unfolded as Harvard faced heavy federal pressure. The administration had issued subpoenas, opened investigations, and even examined the university’s patents.

Reports indicated the Trump administration demanded a $500 million payment as part of a potential settlement. Trump himself told Education Secretary Linda McMahon during a televised cabinet meeting, “They’ve been very bad. Don’t negotiate.”

Judge Burroughs directly addressed the administration’s rationale in her ruling, writing that it was “difficult to conclude anything other than that defendants used antisemitism as a smokescreen for a targeted, ideologically-motivated assault on this country’s premier universities.”

She also dismissed the Justice Department’s argument that federal funding was contractual and conditional, noting that “what is fundamentally at issue is a bedrock constitutional principle rather than the interpretation of contract terms.”

The administration is preparing its appeal.

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