The Academic Freedom Podcast Can the Government Block Student Visas Over Campus Speech?
May 29, 2025
Eugene Volokh, a seasoned legal scholar and author, joins Keith Whittington to unpack the recent decision by the Department of Homeland Security that pulled Harvard University's certification for the Student and Exchange Visitor Program. They explore the constitutional quandaries it raises, including the implications for campus free speech and international student visas. The discussion also dives into the chilling effect on academic freedom, government policies on viewpoint discrimination, and how such immigration regulations influence the choices of international students.
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Harvard's Visa Decertification Unusual
- The Department of Homeland Security decertified Harvard's student visa program citing non-compliance and ideological concerns.
- This is unusual for an institution of Harvard's prominence and raises questions about ideological targeting.
Ideological Grounds Raise Constitutional Issues
- The government justifies decertification partly on Harvard tolerating anti-American and anti-Semitic views.
- Such ideological targeting raises constitutional First Amendment issues since these are protected expressions.
Government Can Demand Protest Records
- DHS demands all audio/video of protest activities at Harvard to investigate possible crimes.
- Government investigations can lawfully gather data even if it includes protected speech; constitutional limits exist but are narrow.