Academics have warned that the ¡°whole of US higher education is on trial¡± as the sector nervously awaits the outcome of Harvard University¡¯s legal battle with Donald Trump, while other institutions continue to reach their own settlements with the president.

In a hearing on 21 July, the top-ranked institution argued?that the White House¡¯s blocking?of billions of dollars in federal funding?was an infringement of?its First Amendment (freedom of speech) rights.

Judge Burroughs pushed back against the government¡¯s claims that the hearing is a contract dispute and that Harvard is guilty, as an institution, for supporting antisemitism on campus.?

She also noted that the administration has not made any case supporting its claims of antisemitism and that its sanctions go much further than permitted, noted Michael Gerhardt, a professor of constitutional law at the University of North Carolina School of Law in Chapel Hill.

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It is unclear how long it will be until a verdict is reached. Gerhardt said the sooner there is a ruling, the more clarity it will provide to colleges and that its impact could be ¡°huge¡±.

¡°Harvard is not in a unique situation, but?it is leading the fight against the illegitimate efforts of the Trump administration?to compel Harvard to adopt its viewpoint.¡±

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Trump has hit out at the judge on social media, calling her a ¡°total disaster¡±. Peter McDonough, vice president and general counsel at the American Council on Education (ACE), said the remarks showed that even the administration sees a favourable result for Harvard as ¡°inevitable¡±.

He said the White House¡¯s ¡°disdain¡± for the judicial branch of government has ¡°chilled¡± people in the US. ¡°This case ostensibly involves Harvard University, but it isn¡¯t being too dramatic to say that all of American higher education is on trial, and I think that American values are [as well].

¡°This isn¡¯t just about higher education, this is about some bedrock principles that we have presumed for our history are unassailable.¡±

While this would be a ¡°sigh of relief¡± for universities, McDonough said many are concerned whether the White House will obey the result.

¡°We live sadly in a ¡®pound on the table¡¯ environment in terms of the executive branch, and so I think we¡¯re going to see more lashing out and more pounding on the table.¡±

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Geoffrey Stone, professor of law at the University of Chicago, said a ruling in Trump¡¯s favour would have ¡°devastating consequences for higher education¡±, while a win for Harvard would encourage other judges to follow Burroughs¡¯ lead.

He predicted both the Court of Appeals and the conservative-led Supreme Court, which ¡°values the importance of academic freedom¡±, would side with Harvard.

¡°My guess, then, is that they will eventually rule, although perhaps more narrowly, in Harvard¡¯s favour. This is critical to the future of academic freedom in our nation.¡±

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Since the hearing, the White House?has also opened an investigation into Harvard¡¯s eligibility to host international students, professors, researchers and other exchange visitors.

Meanwhile, Columbia University,?which has been locked in its own long battle with Trump, has reached a deal to restore $400 million (?300 million) in federal funding. It has agreed to pay over $200 million in legal settlements and make several concessions around free speech, leading to widespread condemnation from across higher education.

David Pozen, a professor at Columbia Law School,??as a ¡°shakedown¡±.

¡°The agreement is also the first to require a university to fork over money to the government as a condition of receiving money from the government, bringing a new brand of pay-to-play into the world of scientific and medical research,¡± he added.

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patrick.jack@timeshighereducation.com