U.S. Attorney Threatens Georgetown Law for 'Teaching DEI'
The law school's dean rejected the letter, arguing the First Amendment "guarantees that the government cannot direct what Georgetown and its faculty teach and how to teach it."
Last month, Edward Martin, the U.S. attorney for the District of Columbia, sent a letter to the dean of Georgetown Law School, indicating that it is under investigation for continuing to "teach and promote" diversity, equity, and inclusion (DEI).
"It has come to my attention reliably that Georgetown Law School continues to teach and promote DEI. This is unacceptable. I have begun an inquiry into this and would welcome your response to the following questions," Martin's letter states. "First, have you eliminated all DEI from your school and its curriculum? Second, if DEI is found in your courses or teaching in any way, will you move swiftly to remove it?"
Additionally, Martin's letter threatened to directly punish Georgetown Law students themselves. "At this time, you should know that no applicant for our fellows program, our summer internship, or employment in our office who is a student or affiliated with a law school or university that continues to teach and utilize DEI will be considered," the letter reads.
Martin did not define "DEI" in his letter, nor did he list any laws allegedly violated by Georgetown. While it's likely that this action was directly inspired by a series of anti-DEI executive orders signed by President Donald Trump, Martin's letter was entirely devoid of specifics, making teasing out his grievances difficult.
Trump's anti-DEI orders have—mostly—stuck to signaling that the Education Department would enforce existing civil rights laws and Supreme Court precedents banning racial discrimination. But Martin's attempt to go after a private religious institution on such vague grounds indicates the Trump administration will attempt to censor speech they perceive as left-wing or "woke," rather than simply attacking illegal discrimination.
Georgetown officials, though, have announced that they have no plans to comply with these censorious demands.
"Your letter challenges Georgetown's ability to define our mission as an educational institution. It inquires about Georgetown Law's curriculum and classroom teaching, asks whether diversity, equity, and inclusion is part of the curriculum, and asserts that your office will not hire individuals from schools where you find the curriculum 'unacceptable,'" reads a March 6 response letter from William Treanor, the dean of Georgetown Law. "The First Amendment, however, guarantees that the government cannot direct what Georgetown and its faculty teach and how to teach it. The Supreme Court has continually affirmed that among the freedoms central to a university's First Amendment rights are its abilities to determine, on academic grounds, who may teach, what to teach, and how to teach it."
While the government may enforce existing civil rights laws that ban racial discrimination, it can't punish private institutions for engaging in protected speech it happens not to like. If Martin makes good on his threat, it could pose a major challenge to colleges' First Amendment rights, as well as basic academic freedom protections for professors and students.
"As a Catholic and Jesuit institution, Georgetown University was founded on the principle that serious and sustained discourse among people of different faith, cultures, and beliefs promotes intellectual, ethical, and spiritual understanding. For us at Georgetown, this principle is a moral and educational imperative," Treanor's letter reads. "Georgetown University also prohibits discrimination and harassment in its programs and activities and takes seriously its obligations to comply with all federal and local laws."
