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.
Recent executive orders have targeted federal grant funding, trans students, non-citizen students, DEI efforts, and pro-Palestinian activism. Eight legal experts explain what these orders purport to require, analyze what they actually require, and assess how colleges and universities ought to respond.
If endowments are fundamentally creatures of restriction, they are also in smaller measure creatures of interpretation and discretion. Universities should use what flexibility they do have to stand up for their programs, employees, and students – for the core constituents in a mission-driven environment – in this time of unprecedented assault.
In attempting to fill the policy voids created by recent federal retreat, local governments face a significant constraint: the increasing use of state and federal preemption. To confront this challenge, local elected officials and municipal attorneys need to adopt a movement-oriented approach to governing and municipal law.
The online targeting and harassment of the LPE Project’s Deputy Director, Helyeh Doutaghi, is part of a broader environment of speech repression, particularly of anti-war and pro-Palestinian views.
Federal courts have an important role to play in enforcing laws against powerful figures who defy them. But the options available to federal courts are simultaneously too limited, weak, and dangerous for us to rely on them to the exclusion of everything else.
Given the anti-democratic corporate form of all private and many public universities, appeals to “shared governance” cannot succeed in wresting power from the academy’s autocrats. Instead, American universities must be reincorporated in accordance with the principles of democratic republicanism.
When it’s time to rebuild from the wreckage of the Trump-Musk rampage, the left may have the opportunity to implement a truly transformative agenda. However, unless we have relatively detailed proposals ready in advance, we will lose out to those who merely want to reproduce what came before.
The Trump coalition is no monolith. Daniel Martinez HoSang, Lindsay Owens, David Austin Walsh, Amanda Hollis-Brusky, Todd Tucker, and Dessie Zagorcheva reflect on the possibility of exploiting fissures on the right.
