As the federal government continues to freeze billions in funding to universities under Title VI investigations, Chicago’s Morning Answer welcomed William Jacobson, Clinical Professor of Law and Director of the Securities Law Clinic at Cornell Law School, to help make sense of the growing tension between the Trump administration and higher education institutions.
Jacobson, who also founded the influential site Legal Insurrection and leads the Equal Protection Project, didn’t mince words when discussing the federal freeze on funds to universities like Cornell and Northwestern—part of a larger crackdown on alleged violations of Title VI, which prohibits discrimination by institutions receiving federal money.
With schools like Harvard, Columbia, Brown, and now Northwestern and Cornell in the spotlight, Jacobson noted that the issue is broader than just elite institutions. “This is not isolated to the Ivy League,” he said. “Our Equal Protection Project has filed complaints against numerous large public universities across the country.”
One major concern: the proliferation of DEI-driven policies that Jacobson says have morphed into what he calls “reverse discrimination.” He emphasized that federal grants aren’t just funding research—they’re also subsidizing university overhead. At Cornell, for example, up to 60% of each research grant is siphoned to the central administration to cover general expenses. “This money isn’t just about curing cancer,” he said. “It’s subsidizing bloated bureaucracies and policies that are completely out of step with the values of the taxpayers who fund them.”
He also pushed back on the idea that universities can simply dip into their multi-billion-dollar endowments to make up the shortfall. Much of that money, he explained, is legally restricted by donor agreements and IRS regulations, making it far less accessible than the public often assumes.
Jacobson highlighted how campus activism has morphed into something more aggressive than protest. He pointed to the deportation of Columbia student Mahmoud Khalil and other recent cases where students had their visas terminated, including six students at the University of Illinois, Northwestern, and the University of Chicago. While activists argue it’s an attack on free speech, Jacobson pushed back. “If you’re here on a student visa and you’re organizing violent protests or promoting terrorist organizations, that’s grounds for removal under immigration law,” he said. “It’s not a First Amendment issue.”
He emphasized that while American citizens have broad free speech protections, international students are guests in the country and are expected to follow immigration rules.
Jacobson also weighed in on a growing issue of judicial activism. With some federal courts issuing sweeping rulings that attempt to block the Trump administration from withholding funds or revoking visas, Jacobson praised the Supreme Court for stepping in. He cited recent stays issued by the Court, including on cases where judges overstepped jurisdiction or demanded the government make massive payments without legal authority.
“Some of these judges are acting like they’re administrators of the executive branch,” he said. “It’s an absurd abuse of power and the Supreme Court is finally pushing back.”
He also addressed a legal battle involving the Associated Press, which claims it was excluded from White House press access due to viewpoint discrimination. A federal judge issued a preliminary injunction in the AP’s favor, but Jacobson cautioned that the decision may create an untenable situation. “Do we really want a federal judge micromanaging the White House press room for the next three years?” he asked. “The executive has wide discretion in determining who gets access.”
Throughout the conversation, Jacobson emphasized that these aren’t just political disputes—they are fundamental questions about free speech, academic accountability, and the balance of power between the branches of government.
As the federal government continues its crackdown and universities scramble to respond, it’s clear that this battle over funding, speech, and institutional culture is far from over.
For more commentary from Professor Jacobson, visit legalinsurrection.com.