Rules & Policies

James Kirchick
New York Times

Excerpt: The tentative, lawyerly answers given last week by three university presidents at a House committee hearing investigating the state of antisemitism on America’s college campuses have generated widespread revulsion across the partisan divide. When none of the presidents — representing Harvard, the Massachusetts Institute of Technology and the University of Pennsylvania — could muster a straightforward reply to the question from Representative Elise Stefanik, Republican of New York, about whether “calling for the genocide of Jews” amounted to “bullying or harassment,” many prominent Democrats joined Republicans in denouncing the testimony.

But two wrongs don’t make a right. If the problem with campus speech codes is the selectivity with which universities penalize various forms of bigotry, the solution is not to expand the university’s power to punish expression. It’s to abolish speech codes entirely.

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.

Ryan Quinn
Inside Higher Ed

Excerpt: A free expression group is criticizing the university it ranked No. 1 nationally for student free speech after that same university allegedly punished a professor for using his own speech to criticize a student demonstration.

Carl Blair, a teaching professor in Michigan Technological University’s social sciences department, says Michigan Tech removed him from teaching one of his classes and barred him from contacting students enrolled in it. The public university allegedly did this last month after a national conservative group with campus chapters posted online an audio clip of him during a class, purportedly calling members of that group homophobic, dumb and racist.

Academe Blog

Excerpt: In recent months, trustees, donors, lobbying organizations, and members of Congress have repeatedly misrepresented the words and deeds of Penn faculty and students who have expressed concern for Palestinian civilians and criticized the war in Gaza, going so far as to suggest that faculty who have publicly condemned Hamas were Hamas supporters and that groups protesting genocide were calling for genocide.

These distortions and attacks on our colleagues have not addressed the scourge of antisemitism—a real and grave problem. Instead, they have threatened the ability of faculty and students to research, teach, study, and publicly discuss the history, politics, and cultures of Israel and Palestine. These attacks strike at the heart of the mission of an educational institution: to foster open, critical, and rigorous research and teaching that can produce knowledge for the public good in a democratic society.

Hannah Natanson and Susan Svrluga
Washington Post

Excerpt: The resignation of the University of Pennsylvania’s president following her testimony over how to handle calls for the genocide of Jews has highlighted the tightrope school leaders are walking as students protest the war in Gaza — and fueled instant debate over how far colleges can go to restrict speech.

Eugene Volokh
The Volokh Conspiracy, Reason

Excerpt: This question has been in the news recently, in light of the recent House Committee hearings on "Holding Campus Leaders Accountable and Confronting Antisemitism." A few thoughts on my part:

[1.] There's no "advocacy of genocide" exception to the First Amendment, or to the contractual promises of student free speech that many private universities rightly implement.

[2.] Indeed, as I've argued before, it is important that students be free to debate what is proper to do in war, and what wars are just. War involves mass killing, in some wars by the millions. I think some such killing is atrocity and some is just. But different people draw the lines differently, and that is a matter that is quite rightly up for debate.