October 7: A Turning Point for Free Speech?

Robert Corn-Revere December 30, 2023 1 min read

Robert Corn-Revere
Reason Magazine

Excerpt:  Freedom of speech on American college campuses is now facing great challenges in the aftermath of the October 7 Hamas attacks on Israel and Israel's bombardment of Gaza. According to some, the outpouring of ugly, inexplicable, and vituperative speech unleashed by these events means that now is the time to abandon the concept of free speech at our universities. Apparently, to these "sunshine constitutional scholars," speech can only be free if it is polite and unchallenging.

There is no need to infantilize students by telling them they are simply too brittle to fully participate in the heated debates going on in the world around them. Instead, we need clear leadership from university presidents and others that stresses our commitment to free expression. This commitment must remain strong especially in turbulent times.
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Is saying ‘From the river to the sea, Palestine will be free’ protected speech under the First Amendment?

Jordan Howell December 19, 2023 1 min read

Jordan Howell
Foundation for Individual Rights in Expression

Excerpt: Since the October 7 Hamas terror attacks in Israel and the subsequent invasion of Gaza, college campuses across the United States have experienced almost daily protests and demonstrations by students and faculty of all political stripes. Some are raising their voices in support of Israelis; others, in support of Palestinians.

That being said, FIRE has been troubled to see some college leaders react to protected speech and peaceful protests with calls to prohibit speech they view as inflammatory or even to ban student groups because of their viewpoints. The use of one phrase in particular — “From the river to the sea, Palestine will be free” — is so hotly contested that some have called for banning its utterance entirely.
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If Colleges Ban "Advocacy of Genocide," What Would That Mean for Speech Supporting Israeli Actions in Gaza?

Eugene Volokh December 16, 2023 1 min read

Eugene Volokh
Volokh Conspiracy, Reason Magazine

Excerpt: I've argued before that, if universities ban "advocacy of genocide," that "could easily be used against pro-Israel speakers," such as those who support Israel's counterattack on Hamas in Gaza. Here's supporting evidence, from the Harvard/Harris poll conducted last week:

It appears that a substantial majority of college-age registered voters, and indeed likely of 18-to-34-year-olds, characterize Israel's actions in Gaza as "genocide." And though the majority among the public at large don't do that, it's easy to imagine many university administrations and faculties who would be more on the anti-Israel side than is the country as a whole—especially when they are supported in their anti-Israel positions by student sentiment.
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Commentary: Washington Post Op-Ed Argues That Colleges Should 'Restrict' Speech To Fight Antisemitism

Emma Camp December 12, 2023 1 min read

Emma Camp
Reason Magazine

Excerpt: Since the start of the Israel-Hamas war, college campuses around the country have been embroiled in intense anti-Israel protests. Elite college campuses have seen particularly aggressive demonstrations that have frequently included outright support for Hamas.

While First Amendment advocates have expressed hope that these recent controversies would show just how easily abused anti "hate speech" rules on college campuses are, many administrators seem to be taking the opposite position, advocating for more censorship, not less.
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The Fallout: What the Antisemitism Hearing Could Mean for Higher Education

Katherine Knott December 07, 2023 1 min read

Katherine Knott
Inside Higher Ed

Excerpt: The failure of three college presidents to clearly say Tuesday that calling for the genocide of Jewish people violated their campus policies quickly went viral on social media—galling alumni, free speech experts and advocates in the Jewish community alike.

The high-profile hearing featured sharp criticisms and fiery exchanges over how Harvard University, the University of Pennsylvania and the Massachusetts Institute of Technology have responded to campus protests in support of the Palestinian people and their free speech policies. House Republicans also used their platform to air conservative grievances about higher education more broadly. As the metaphorical smoke cleared, we wanted to know what the remarkable hearing—which has already spurred more calls for the three presidents to resign—could mean for higher education writ large.
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After President’s Remarks on Antisemitism, Penn Should Consider Her Future, the State’s Governor Says

Megan Zahneis December 06, 2023 1 min read

Megan Zahneis
Chronicle of Higher Education

Excerpt: A day after M. Elizabeth Magill, president of the University of Pennsylvania, testified at a congressional hearing about campus antisemitism, the state’s Democratic governor said she had “failed” to “speak and act with moral clarity” and made an implicit call for her removal.
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