By weaponizing Title VI of the Civil Rights Act, the Trump administration is using antidiscrimination law to protect privilege and entrench inequality. Yet rather than uniting to resist these sham investigations, college and university leaders have acted in isolation, allowing fear and fragmentation to erode the principles at the heart of higher education.
As fascist tendencies intensify across the United States, social movements continue to organize against the forces of state repression. Legal scholars must stand with these movements, grounding our analysis in struggle and supporting those fighting on the frontlines with our relative social power and institutional resources.
In the fall of 2023, the Department of Education launched more antisemitism investigations into colleges and universities than in all previous years combined. This record was surpassed in 2024 and is on track to be broken again in 2025. While the Biden administration wielded these investigations as a cudgel to crush student-led protests in support of Palestine, Trump has turned them into a battering ram in his attempt to remake American higher education.
Following the assassination of Charlie Kirk, President Trump and his allies have repeatedly threatened to use conspiracy laws against liberal groups, protesters, and political opponents. These threats reflect a troubling trend: prosecutors are exploiting the vague and expansive nature of conspiracy charges to attack the very relationships and forms of coordination that make social movements possible.
Incarcerated workers are deeply embedded in the U.S. economy, yet they are excluded from basic labor protections and organizing rights. Traditional labor unions can and should bring these workers into the fold by organizing across prison walls and redefining the boundaries of worker solidarity.
Despite a recent surge in campus organizing, tenured faculty at private universities haven’t unionized. Why is this? The conventional answer is that the Supreme Court said they can’t. Fortunately, the conventional answer is wrong.
Thomas Emerson is often remembered as a leading scholar of the First Amendment, but his deeper legacy lies in his defiant stand against political repression during the Second Red Scare. Looking back on his life, we can see valuable lessons about how to navigate the treacherous waters of political persecution and rising authoritarianism.
The MAGA movement has preyed on the economic decay and social malaise plaguing America’s neighborhoods, offering a suite of real and imagined villains to drive Trump’s ascension. The left must get back to basics, rebuilding the trust lost by the Democratic Party through genuine community building and connection across difference.
The Trump Administration’s open rejection of due process and equal protection echoes some of the darkest aspects of antebellum America, when black Americans were frequently kidnapped and disappeared into the South without recourse. Yet this history also shows that direct legal representation can play a powerful role in mobilizing public opposition to unjust policies and proceedings.
In September 2024, an anonymous donor gifted $100 million to the University of Chicago to promote free speech. A closer look at dark money’s role in manufacturing campus free speech crises reminds us to be highly skeptical of understandings of campus speech funded by elite interests, especially when they replace institutional deliberation with a legalistic absolutism that leaves hierarchies of wealth and power unchallenged.
The history of Check It, a Black LGBTQ+ safety network in D.C., demonstrates that when the state criminalizes survival, community empowerment becomes the most vital form of resistance.
Amid growing federal attacks, public sector workers can’t count on the courts for protection. Instead, they should take inspiration from the trade unionists who organized before the passage of the National Labor Relations Act.
When students, staff, or faculty are accused of being associated or “aligned” with terrorist organizations, universities may be pressed to take immediate and harsh action, if only to quell media attention and appear compliant with this lawless Administration’s wishes. Universities must prepare for this possibility, learn about the underlying legal frameworks, and refuse to operate on the basis of fear rather than legal necessity or moral principle.
Despite discouraging federal policy developments, unions remain well-positioned to protect workers and beat back Trumpism.
Trump’s recent attacks on the judiciary are best understood as an effort to lay the groundwork for a gradual shift in public opinion — to normalize the idea that defying court orders is not only acceptable but maybe even expected among his base.
