Statement Condemning Unlawful Executive Actions Targeting Educational Institutions

Rule of Law Facts & Resources

The New York City Bar Association condemns the current federal assault on educational institutions, the continued vitality, existence and independence of which are crucial to a healthy democracy.

Since taking office on January 20, 2025, the current federal administration has announced a series of executive actions directed at certain educational institutions.  Demanding compliance with orders targeting governance at universities,[1] the White House has threatened massive financial penalties in violation of bedrock constitutional principles and current law protecting freedom of speech and academic freedom, among other values.

A series of executive orders have targeted educational institutions for allegedly failing to adhere to the administration’s favored political positions and have attempted to impose particular academic or political actions through intimidation.[2] In attacking diversity, equity, and inclusion initiatives, the Administration has demanded broad concessions from universities[3] that would compromise academic freedom.  Some colleges and universities have acknowledged their previous insufficient responses to antisemitism and have committed to doing better, but the Administration has wielded accusations of antisemitism on campuses as a cudgel to make the institutions conform their curricula, internal governance, faculty, and student disciplinary procedures to the Administration’s political views.[4]  The Administration has imposed massive financial penalties[5] that constitute existential threats to academic institutions, without using well established administrative procedures to respond to potential discrimination.

These executive actions are particularly concerning because American universities are foundational to our nation’s democracy. Institutions of higher education both house and defend ideas, including ideas that are critical, unpopular, and provocative – the kinds of ideas that often spark and inform discussion essential to informed, democratic decision-making. They are also an important source of scientific research and technological innovation. Defunding these institutions threatens U.S. global leadership, marginalizes our contributions and influence, and makes us increasingly dependent on other countries.

Many of these executive actions are plainly unlawful. They violate bedrock First Amendment rights of free expression and freedom of association, as well as core principles including constitutional due process, equal protection, federalism, and the separation of powers. Several of these actions also violate clearly established statutory law, including spending, anti-discrimination, and substantive provisions governing the targeted subject areas. And the actions are rife with procedural violations of administrative law.

But most of all, the actions offend core values essential to maintaining a healthy democratic society governed by the rule of law. A thriving constitutional democracy depends on free expression, a free press, academic freedom, cultural pluralism, and a vibrant civil society that includes institutions of higher education.

The New York City Bar Association condemns the administration’s efforts to compel institutions of higher education to conform to the administration’s political views, causing irreparable harm to the institutions and to the rule of law.  Our universities must be able to foster knowledge production, enable constructive civic engagement, and protect voices of dissent, including lawful opposition to abuses of government authority. We urge the administration to cease its assault on universities and, instead, to encourage them to be sources of unparalleled strength, ingenuity, and innovation, and a bulwark against stagnation, conformity, and authoritarianism.