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This isn't just about Harvard

The Trump administration can't fight censorship with censorship
Harvard seal as a printed shooting target with bullet holes

FIRE/Jackson Fleagle

Maybe you're sick of hearing news about Harvard. We can't blame you.

But as free speech defenders, we go where the censorship is. The government picks the targets, not us. And — once again — the government is unconstitutionally targeting Harvard.

You don't have to like Harvard to oppose the government's recent demands of the university.

FIRE has plenty of problems with that "small school outside of Boston." It has been at the bottom of our for the last two years. We've defended students and faculty rights at the university since our founding in 1999, and we know better than anyone that there's plenty of work to do.

But you can't fight censorship with censorship.

Yesterday, the Department of Homeland Security revoked Harvard's ability to enroll international students.

In doing so, DHS conditioned future international enrollment on Harvard turning over a slew of information within 72 hours, including "all audio or video footage...of any protest activity involving a nonimmigrant student on a Harvard University campus in the last five years." [emphasis added]

That's shocking.

The feds are demanding more than just information involving illegal activity or violations of the student code of conduct. They want footage of "protest activity" — including speech protected by the First Amendment.

And unless those protests involve only international students, American citizens will also find their constitutionally protected speech in the hands of America's national security apparatus.

Fortunately, a federal judge quickly issued , preventing the government's action from taking effect — for now. But as Harvard alleges in its , the federal government's shakedown isn't limited to these demands. DHS's decision is part of a broader bullying campaign by the administration to undermine the First Amendment and due process in the name of enforcing federal civil rights law.

Make no mistake: The federal government has a duty to enforce civil rights law. But it must do so in a manner consistent with the First Amendment and guarantees of due process.

The feds can't force Harvard to eviscerate academic freedom in order to maintain federal funding. They can't revoke the university's tax-exempt status because they don't like what it teaches. And they can't enlist the university in a surveillance program of constitutionally protected speech.

FIRE has long opposed the weaponization of civil rights law to undermine free speech and due process protections. Indeed we spent more than a decade opposing — successfully — the Obama and Biden administrations' efforts to do just that. And because we stand for principle, not partisanship, we'll fight the good fight no matter who's in the White House.

Attacks on our rights often begin with unpopular targets. We know Harvard isn't popular in many quarters, and we know many strongly believe it violated civil rights law. But the government has to follow the law. Free speech rights aren't contingent on a popularity contest. Nothing justifies the government taking shortcuts that themselves violate the law — and the Constitution.

Our rights are not divisible. We must protect free speech and due process for all — or we don't protect them at all.

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