Georgetown Stands Up in the Face of the Trump Admin's Attempted Academic Boycott

A little while ago, the Interim United States Attorney for the District of Columbia, Ed Martin -- who has rapidly begun distinguishing himself as one of Trump's most odious foot soldiers -- sent a letter to Georgetown Law School demanding that they eliminate all "DEI" from their curriculum and threatening to refuse to hire Georgetown graduates until they do so (if "a little while ago" sounds vague, that's because it took Martin two attempts to send the letter -- he misaddressed it the first time).

Martin's threats are reminiscent of the announced boycott of Columbia grads by Judge James Ho and some of his fellow far-right travelers, and the Dean of Georgetown responded exactly how I wish the Dean of Columbia would have responded: by refusing to give in and also by naming exactly what is happening here: a threat of official government penalty against private institutions for refusing to kowtow to official ideological orthodoxy. This goes way beyond the "jawboning" or informal requests that caused conservatives to shriek their heads off during the Biden administration; we have in these cases an explicit promise of legal retaliation on private actors who don't toe the government's line. It is hard to imagine a clearer instance of de jure censorship than this, and Georgetown Dean Bill Treanor doesn't mince words:

As a Catholic and Jesuit institution, Georgetown University was founded on the principle that serious and sustained discourse among people of different faiths, cultures, and beliefs promotes intellectual, ethical, and spiritual understanding. For us at Georgetown, this principle is a moral and educational imperative. It is a principle that defines our mission as a Catholic and Jesuit institution. Georgetown University also prohibits discrimination and harassment in its programs and activities and takes seriously its obligations to comply with all federal and local laws.

Your letter challenges Georgetown’s ability to define our mission as an educational institution. It inquires about Georgetown Law’s curriculum and classroom teaching, asks whether diversity, equity, and inclusion is part of the curriculum, and asserts that your office will not hire individuals from schools where you find the curriculum “unacceptable.” The First Amendment, however, guarantees that the government cannot direct what Georgetown and its faculty teach and how to teach it. The Supreme Court has continually affirmed that among the freedoms central to a university’s First Amendment rights are its abilities to determine, on academic grounds, who may teach, what to teach, and how to teach it.

This is a bedrock principle of constitutional law – recognized not only by the courts, but by the administration in which you serve. The Department of Education confirmed last week that it cannot restrict First Amendment rights and that it is statutorily prohibited from “exercising control over the content of school curricula.” 

Your letter informs me that your office will deny our students and graduates government employment opportunities until you, as Interim United States Attorney for the District of Columbia, approve of our curriculum. Given the First Amendment’s protection of a university’s freedom to determine its own curriculum and how to deliver it, the constitutional violation behind this threat is clear, as is the attack on the University’s mission as a Jesuit and Catholic institution.

Georgetown Law has one of the preeminent faculties in the country, fostering groundbreaking scholarship, educating students in a wide variety of perspectives, and thriving on the robust exchange of ideas. Georgetown Law faculty have educated world leaders, members of Congress, and Justice Department officials, from diverse backgrounds and perspectives. We pride ourselves on providing an excellent graduate and professional education, built upon the Catholic and Jesuit tradition. Georgetown-educated attorneys have, for decades, served this country capably and selflessly in offices such as yours, and we have confidence that tradition will continue. We look forward to your confirming that any Georgetown-affiliated candidates for employment with your office will receive full and fair consideration.

Very well said. The appeal to religious liberty is also appreciated in this context, though I suspect the Jesuits will fare as well as liberal Jews will under the new free exercise jurisprudence.

It should be clear by now that the Trump administration and its right-wing fellow travelers are launching a full-fledged BDS campaign against American universities that don't bow to its ideological agenda. The proposed academic boycott against Georgetown is one example, the myriad donor threats to divest their funding from colleges that don't crackdown on disfavored programs or speech is another, the proposal to sanction Columbia by axing over $50 million in contracts is yet another. These endeavors are an anathema to academic freedom and First Amendment values, and must be opposed by all principled defenders of the academy.*

* What a shame that the AAUP recently and abruptly shifted course and decided, after decades of strong opposition, that actually academic boycotts are a-okay. It's almost like it was eminently predictable that abandoning that principle might backfire very quickly given how the right has been racing for excuses to punish universities who they've deemed "complicit" in ideological projects and activities they oppose!