Harvard University took the extraordinary step of suing the Trump administration on April 21, 2025, claiming that the pressure campaign mounted on the school by the president and his Cabinet to force viewpoint diversity on campus violated the Constitution’s guarantees of free speech.

“Defendants’ actions are unlawful,” Harvard’s lawsuit states. “The First Amendment does not permit the Government to ‘interfere with private actors’ speech to advance its own vision of ideological balance.’”

Yet in his first term, President Donald J. Trump declared that free speech mattered.

Trump issued the “Executive Order Restoring Free Speech and Ending Federal Censorship” on March 21, 2019. In it, he expressed the importance of free inquiry and open debate to education and directed federal officials to use the federal government’s funding of higher education to ensure that universities promote free inquiry.

Channeling free-speech champions Benjamin Franklin and James Madison, Trump wrote that “free inquiry is an essential feature of our Nation’s democracy.”

As a professor of constitutional, criminal and comparative law, and as a citizen who enjoys his liberty, I agree.

Free speech is fundamental to human progress. Scientific, medical, technological and social advancements all rely on the free flow of information. Robust discussion and disagreement are equally important to maintaining a healthy constitutional republic.

In the words of the late U.S. Supreme Court Justice Robert Jackson, “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”

The First Amendment’s free speech and press clauses protect all forms of expression – oral, print, digital and artistic – from governmental interference or punishment.

Of the many types of speech, political speech is the most protected.

On the first day of his second term in office, Trump issued another free speech executive order. It affirms the administration’s commitment to free speech, directs that tax money........

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