As news spread of Yale's leadership negotiating a deal with the Trump administration, faculty, students, and alumni quickly mobilized to oppose any settlement.
The exact intentions of the president and lawyers remain unclear.
>>> Billionaire Harold Hamm Pushes US Energy Dominance Through Nonprofit
In the case of Harvard, Trumpists may have leaked about imminent concessions to pressure the university.
What is clear is that the Trump administration has launched a wide-ranging investigation of Yale, accusing it of discriminating against white and Asian students.
The battle over Yale's response reveals a troubling pattern. Many believed the US had a robust civil society to counterbalance an overbearing government.
However, institutions themselves can be run in a fairly authoritarian fashion—universities being a prime example.
Civil Society's Democratic Paradox
Alexis de Tocqueville praised how Americans associate to defend common interests. Yet civil society is not inherently pro-democratic.
The Weimar Republic had a vibrant civil society, but its members were committed anti-democrats.
Today, tightly knit organizations include hate groups like the Proud Boys.
Even if members support democracy, the structure of the organization itself may be authoritarian, as law professor Genevieve Lakier noted.
>>> Uganda Starts Countdown to Ebola-Free Status After Last Patient Discharged
Those with a managerial mindset may avoid all-out battles with an aspiring authoritarian government.
As jurists Daniel J Hemel and David Pozen observed, US tertiary education often gives ultimate authority to politicians or powerful trustees, with rare shared governance.
Anticipatory Obedience and Its Costs
Many law firms and even FIFA have caved or toned down messaging. This wave of anticipatory obedience is egregious because non-leaders might sometimes know better.
