As debates over expertise, misinformation, and academic freedom intensify, Vicki Jackson argued at the University of Chicago Law School that constitutional democracy depends on something often overlooked: “knowledge institutions.”

“These institutions are an essential part of the infrastructure of constitutional democracies, providing the shared factual foundation necessary for democratic decision-making and the rule of law,” said Jackson, the Laurence H. Tribe Professor of Constitutional Law at Harvard Law School.

Jackson delivered the remarks as part of the second annual Malyi Lecture, following brief introductory remarks by Dean Adam Chilton, who welcomed her to the Law School and underscored the importance of examining the institutional foundations of democratic governance.

The lecture, “Knowledge Institutions and Constitutional Democracy,” was hosted by the Malyi Center for the Study of Institutional and Legal Integrity, which is led by Tom Ginsburg, the Leo Spitz Distinguished Service Professor of International Law.

A Broader View of Democratic Infrastructure

Jackson’s core claim is that democracy cannot function without reliable systems for producing and evaluating knowledge. “Constitutional democracies depend on competitive elections and protecting human rights,” she said. “But constitutional democracies also need knowledge institutions.” 

By “knowledge institutions,” Jackson means entities such as universities, the media, and certain government offices—organizations devoted to producing, verifying, and disseminating reliable information according to professional standards.

Jackson outlined five defining features of such institutions: identifiable leadership, a central mission of knowledge production, disciplinary standards, independence from political or financial pressure, and openness to revising conclusions in light of new evidence.

These institutions, she argued, operate both inside and outside government and share a common ethos—“honesty, accuracy, open-mindedness and courage.” 

Why Knowledge Matters

Knowledge, in Jackson’s estimation, is not a luxury in democratic systems, but a precondition. “When there are no facts and only opinions, democracies become much harder to maintain,” she explained. 

An informed citizenry is necessary to evaluate leaders and policies, she continued. Just as important is the role of knowledge in sustaining the rule of law: laws must be knowable, consistently applied, and grounded in shared understandings of fact, she added.

Without that foundation, democratic governance itself becomes fragile. “Ineffective democratic government invites authoritarianism,” she said.

Why Institutions Matter

While individual rights such as freedom of expression remain central, Jackson argued that focusing only on individuals overlooks the distinctive role institutions play. Institutions help sort credible information from misinformation in a crowded media environment. They transmit professional norms across generations. And they provide resources—from data access to laboratories—that individuals alone cannot replicate.

They are also better positioned to hold power to account, she observed.

“Knowledge institutions can help monitor governments and other powerful actors in society from a position that is stronger than that of most individuals,” she said. 

Pressures on Universities

Jackson pointed to growing pressures on universities and other knowledge institutions, including efforts to influence or restrict academic inquiry through funding conditions and regulatory signals.

“What is not fine,” she said, “is giving funds on the condition that particular views not be expressed or particular subjects not be studied.” 

Such pressures, she argued, risk undermining academic freedom—the condition that allows universities to function as knowledge institutions in the first place. “Without the protection of academic freedoms, universities cannot function as universities,” she said. 

Jackson also noted more subtle effects, including reports of faculty self-censorship in response to perceived political risks.

Government as a Knowledge Institution

Jackson also emphasized the role of government as a producer of knowledge.

Agencies such as the Census Bureau and the Bureau of Labor Statistics are charged with producing accurate, objective data—work that is foundational to policymaking and public understanding.

“They are knowledge institutions and require protection as such,” she said. 

That role, however, depends on independence. Political interference—such as removing officials for producing unwelcome data—can undermine the reliability of the entire system, she pointed out.

A Changing Information Environment

In a Q&A following the lecture, Jackson addressed questions about misinformation and the erosion of trust in expertise. She distinguished between genuine knowledge production and propaganda, warning that the latter often mimics the former while serving partisan ends.

At the same time, Jackson acknowledged that even legitimate knowledge can be uncomfortable.

“Truth can hurt and truth can be contentious,” she said. “But if you don’t start out with what’s accurate, you’re not going to build anything useful.” 

What may be new in the current moment, she suggested, is not simply efforts to control information, but a deeper skepticism about whether shared knowledge is possible at all.

“What I think is new now is the sense that there is no knowledge,” she said. 

The Stakes

Jackson ultimately framed her argument as constitutional as well as institutional.

Even where the Constitution does not explicitly mention universities or statistical agencies, she argued, its structure and purposes imply a need to sustain the institutions that make democratic governance possible. “Looking at the Constitution as a whole,” she said, “the argument is here for a positive constitutional obligation to protect these institutions.” 

The point, Jackson suggested, is straightforward but consequential: democracy depends on shared understandings of reality—and on the institutions that make those understandings possible.