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To shy away from this fight signals one of two things: a lack of faith in the principles and strength of our democracy; or cowardice; or both.
Recently, our law firm filed a friend of the court brief on behalf of former government officials supporting Harvard in its legal battle with U.S. President Donald Trump over federal funding and control of its curriculum, hiring, and admissions. We came to Harvard's defense because of the threat Trump's attack on academic freedom poses to our democracy.
That case has been consolidated with another Harvard has brought to protect its right to host international students. So far Harvard has won three temporary injunctions stopping Trump in his tracks. A hearing is scheduled on July 21 to decide both cases on the merits and determine if Harvard is entitled to permanent relief.
Despite the fact it is winning, there are disturbing reports Harvard is now in talks with the White House to make a deal. That would be a grievous mistake, both as a matter of principle and common sense. And it would amount to a betrayal of those who have fearlessly stepped forward in defense of Harvard.
The point about principle should not be lost on Harvard.
Harvard's courage so far in standing up to Trump has empowered other universities and institutions to do the same. If Harvard makes a deal, it will signal weakness and others will follow.
As it well knows, Trump's actions have violated the Constitution in ways never before seen in this country. He is using the power of the federal government to force Harvard to conform to his ideological views. Democracies like ours survive only if the system of checks and balances proves it can work. With Congress in Trump's pocket, that job has fallen to the courts.
At this moment, the legal arguments in the Harvard case are framed and ready to be decided. This is the wrong time to back out of the fight. Harvard needs to let the court rule. The legal process can and will establish the unconstitutionality of Trump's orders and how they infringe on academic freedom and First Amendment rights.
This fight is not just to save our democracy. It will determine our place in history. When future generations look back at this pivotal moment, they should understand that what Trump did was not just aberrational, it was unconstitutional. They need to understand the threat it posed to academic freedom and democracy, and how our constitutional democracy responded and prevailed.
Harvard, of all places, should understand the importance of history. Its own history is entwined with the founding of our Republic and its democratic values. Eight Harvard graduates, starting with John Adams and John Hancock, signed the Declaration of Independence. At the time of the American Revolution, Harvard was 140 years old. It dismissed its students and turned the campus over to the Continental Army. Eight Harvard alumni have served as president, and 15 have served on the Supreme Court since 1902.
For almost 400 years, Harvard has taught and led. It has made history as it has studied history. It has produced some of our greatest constitutional scholars and countless Nobel laureates in every field of learning. Of all places, it should care what history will say it did when faced with this existential threat to our Republic.
From a practical standpoint, making a deal gets Harvard nothing. Trump is using the same playbook as with the law firms. He will change the terms of any deal and cut off funding in a heartbeat if Harvard does something he doesn't like. A deal does not end Trump's involvement with Harvard—just the opposite. It guarantees there will be more efforts to assert control.
The law firms that made deals look foolish now. They are losing business and partners while the firms that fought have won permanent relief in the courts. Had the firms who did the deals joined the firms that fought, the legal profession would be stronger and freer than it is now.
Harvard's situation is no different. Why would Harvard give in to any of Trump's demands when it is winning in court? If he continues to deny funding in the face of a court ordered injunction, then Harvard should be prepared to take this to the Supreme Court. That is the only way to prove we have a constitutional democracy that works. And it is the only way for Harvard to ensure academic freedom. To shy away from this fight signals one of two things: a lack of faith in the principles and strength of our democracy; or cowardice; or both.
Some supporters of Harvard wring their hands and lament the temporary loss of funds. But that is what a $53 billion endowment is for. It is there to ensure the independence of the university in a time of crisis. Whatever is spent now will be recovered from grateful alumni and supporters in the years ahead once the battle is won.
Harvard will prevail if it stands firm. Administrations come and go, but institutions like Harvard stand for ideas and principles that are designed to survive transient political movements.
Harvard's courage so far in standing up to Trump has empowered other universities and institutions to do the same. If Harvard makes a deal, it will signal weakness and others will follow.
And that, in the end, is all that Trump really wants. He understands how the perception of power can be used to build and project power. He will exploit the opportunity afforded by any deal, no matter what it requires or says, to lie about its content and terms to promote a narrative that helps him consolidate more unchecked power.
We have enjoyed the fruits of freedom and democracy for the last 85 years because in times of maximum peril, the principled resistance of those like Winston Churchill triumphed over the expediency of appeasement. This is a Churchillian moment for Harvard, one that tests its true mettle. History will judge whether it had the courage, wisdom, and strength to stand firm in defense of democracy.
Danielle Khalaf was "simply exercising her constitutional right not to partake in the Pledge of Allegiance as a sign of protest" against Israel's U.S.-backed war on Gaza, said one of her attorneys.
The father of a 14-year-old Michigan student filed a lawsuit in federal court this week against the Plymouth-Canton Community Schools District and one of its teachers for allegedly violating the First Amendment rights of his daughter, who quietly refused to stand for and recite the Pledge of Allegiance in class earlier this year.
Danielle Khalaf, a U.S. citizen of Palestinian descent, opted on three separate occasions in January to remain seated and silent as her classmates recited the Pledge of Allegiance, saying she was protesting the Israeli government's U.S.-backed assault on Gaza.
The lawsuit, backed by the ACLU of Michigan and the Arab American Civil Rights League, alleges that when Khalaf approached her teacher after class to explain why she was not standing and reciting the pledge, the teacher responded, "Since you live in this country and enjoy its freedom, if you don't like it, you should go back to your country."
Khalaf told reporters earlier this year that she "ran out of the room crying," and the lawsuit states that she "suffered extensive emotional and social injuries" stemming from the teacher's conduct. The third time Khalaf declined to stand for and recite the pledge, the teacher "admonished" her in front of the class and told her "she was being disrespectful and that she should be ashamed of herself," according to the complaint.
Nabih Ayad, an attorney for the Arab American Civil Rights League, said in a statement that "it is disturbing that a teacher who is trusted to teach our children would succumb to such insensitivities to one of her students knowing that the student is of Arab Palestinian descent, and knowing of the many deaths overseas in Gaza of family members of Palestinians living in metro Detroit, that she would add insult to injury and call the student out for simply exercising her constitutional right not to partake in the Pledge of Allegiance as a sign of protest."
"That teacher most definitely should have known it is every student's right in this country to not stand for the Pledge of Allegiance regardless of your personal views," said Ayad.
The flag represents the imperfect but essential mechanisms of democracy that Trump’s regime so profoundly threatens, ones that allow us to keep working for justice.
Will marchers carry flags on No Kings Day? In the wake of Trump sending the military into Los Angeles, it seems more important than ever.
On June 14, more than 1,800 local demonstrations will challenge U.S. President Donald Trump’s North Korean-style military parade for his birthday with our defense of democracy. The 14th is also Flag Day and the 250th anniversary of the Army. The flag can’t replace protest signs. But it complements and amplifies them.
The demonstrations send a message that even as Trump and his allies wrap themselves in their flags, they are betraying the best of America. They highlight a culture of corruption, where the only Americans who matter are allies of Trump at the top, and persons or institutions who would challenge this become subjects of attacks. Our flags make clear, in contrast, that we are defending Americans fundamental right to speak out, without which all other rights become meaningless. They’re a message to all who agree with us, but also to all those Americans who voted for Trump, or stayed home, rejecting both candidates. Because to change the direction of our country the support of at least some of these people will be essential.
Flags have long been part of the protest tradition, and may have even more impact when those speaking out are being marginalized or attacked.
As No Kings Day reminds us, “The flag doesn’t belong to Donald Trump. It belongs to us.” But at most anti-Trump protests, flags have been absent or marginal. I counted one when several thousand people marched in Seattle this past May Day, plus scattered Uncle Sam and Statue of Liberty images. That may be because carrying the flag feels uncomfortable, a false embrace for many who’ve marched to challenge American wars, call out racial injustice, or push back against corporate power. As a Korean-American activist once told a friend, “When you see other people waving their countries’ flags you think, ‘That’s nice, they love their country.’ When you see the American flag, you know people are going to die.” But the flag also stands for legacies of courage and sacrifice that should give us all hope, courage, and strength, like the classic World War II image of GI’s raising it over Iowa Jima.
The flag represents the imperfect but essential mechanisms of democracy that Trump’s regime so profoundly threatens, ones that allow us to keep working for justice. In defending these mechanisms and the rule of law, Thomas Jefferson condemned the very Alien and Sedition acts whose remnants Trump is now abusing. These acts created the power of kings, Jefferson warned, writing of threats to the “constitutional rights and liberties of the States and people… marked by the suspicions of the president, or be thought dangerous to his or their election, or other interests, public or personal.” These acts first targeted “the friendless alien,” Jefferson wrote, but “the citizen will soon follow.”
Flags have long been part of the protest tradition, and may have even more impact when those speaking out are being marginalized or attacked. American labor activists from the radical Industrial Workers of the World union carried them at the Lawrence Textile “bread and roses” strike. They fly next to Martin Luther King Jr. in photos from the 1963 March on Washington, and his talks at anti-war rallies. This year, demonstrators who helped defeat South Korean President Yoon Suk Yeol’s dictatorial power grab waved South Korean flags along with their signs.
IWW members carry flags while on strike in 1912.
Some recent anti-Trump rallies have featured them. But they need to become protest staples to help take the flag back. And when people fly them at home alongside signs or flags indicating where they stand on Trump and America’s direction, they amplify that message as well.
A recent Vietnam trip reminded me of the power of national pride. Americans are welcomed now, even as museums, statues, and street names commemorate heroes in what they call “the American war,” and the related fights against the Japanese and French occupations. But Vietnam also honors 13th, 15th, and 16th century kings who resisted and eventually defeated repeated invasions by the Chinese and Mongols. The country’s leadership could have dismissed them as the embodiment of now-discarded feudalism. Instead, they present their stories as part of a continuing story of resistance, a history they highlighted during the war as Ho Chi Minh and other leaders talked of fighting for their country, not communism. Whatever the limits of Vietnam’s current regime in terms of democracy, this worked because the roots of national patriotism ran deeper than any particular ideology.
The threat to American democracy that those of us marching address is internal, of course (with help from white foreign-born billionaires Elon Musk, Peter Thiel, and David Sacks). But the lesson of patriotism and national pride as a wellspring of resistance still holds true.
I’ve learned to appreciate those who bring flags to social justice protests. And I finally bought my own the other week at my local hardware store, to complement a “Don’t Putinize America” sign I plan to carry. The young woman at the counter’s initial look seemed to mark me, an older white man, as a likely Trump supporter. When I said I was buying it for the Trump protest, “No Kings Day,” she broke into a grin. Whatever our anger and disappointment about America failing to achieve much of what it should be, we need to defend what we have had and the possibility of what could be. Making the flag our own helps us do that.
An earlier version of this piece was published by the Fulcrum.