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Reason
Reason
Politics
Eugene Volokh

Government's Cancelling Harvard Contracts Violated First Amendment, Judge Rules

From today's decision by Judge Allison Burroughs (D. Mass.) in President & Fellows of Harvard College v. U.S. Dep't of Health & Human Servs.:

Harvard asserts that the Defendants' actions in this case "violated Harvard's First Amendment rights in at least two ways: 1) by retaliating against Harvard based on the exercise of its First Amendment rights, and 2) by imposing content- and viewpoint-based burdens on those rights through the imposition of funding conditions that are unrelated to any legitimate government interest in combating antisemitic harassment or otherwise." Because of this, Harvard contends that "[t]he Freeze Orders and Termination Letters should be vacated and set aside, and any further similar action against Harvard should be permanently enjoined." …

The court concluded that the government's actions were unconstitutional retaliation for Harvard's exercise of First Amendment rights:

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