Video of Education Law and Policy Panel on "Federal Efforts to Combat Antisemitism: Restoring Campus Civil Rights or Infringing Academic Freedom?"

I was one of the participants.

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Below is a video of the panel on "Federal Efforts to Combat Antisemitism: Restoring Campus Civil Rights or Infringing Academic Freedom?" from the recent Education Law and Policy Conference, co-sponsored by the Federalist Society and the Defense of Freedom Institute. I was one of the participants. The others were Tyler Coward (Lead Counsel, Government Affairs, Foundation for Individual Rights and Expression (FIRE)), Ken Marcus (Chairman & Founder, Brandeis Center), and  Sarah Perry (Vice President & Legal Fellow, Defending Education). Carlos Muniz, Chief Justice of the Florida Supreme Court, moderated.

Not surprisingly, Tyler Coward and I were much more critical of the the Trump Administration's policies than Perry and Marcus. In my view, much of what is being done under the pretext of combatting campus anti-Semitism is actually undermining freedom of speech and academic freedom, and also illegally seeking federal control over state and private universities. But there were more areas of agreement. For example, we all agreed that the federal government cannot properly seek control over university curricula (Perry even said the Trump Administration's efforts to do so at Harvard gave her "apoplexy") and that campus protests that devolve into violence and disruption must be banned, and are subject to punishment. Though in my view, not all of the latter qualify as anti-Semitic, and some are properly addressed by state and local law, rather than federal enforcement.

We also all agree that Jews are among the groups protected by Title VI (the federal law banning racial and "national origin" discrimination in educational institutions receiving federal funding). This position was once controversial, but has gained widespread cross-ideological acceptance more recently. On the other hand, Marcus and I differed over whether the very broad IHRA definition of anti-Semitism is the right one to apply in this context. In my view- as applied to anti-discrimination law, that definition creates dangers similar to those of overbroad definitions of racism and sexism, traditionally decried by conservatives and libertarians.

 

I have previously written about campus anti-Israel protests here and about far-left versions of anti-Semitism here (discussing, among other things, how they differ from right-wing/nationalist anti-Semitism).

Comments

[Brett Bellmore]

"In my view, much of what is being done under the pretext of combatting campus anti-Semitism is actually undermining freedom of speech and academic freedom, and also illegally seeking federal control over state and private universities. "

I kind of think that where freedom of speech and academic freedom are being used in an anti-Semitic way, it doesn't have to be pretext.

Though that wouldn't necessarily save it from being unconstitutional... Speech doesn't have to be nice speech to be constitutionally protected!

"For example, we all agreed that the federal government cannot properly seek control over university curricula"

Sure, but surely the federal government has some degree of control over what university curricula it funds, or tolerates in an institution it otherwise funds?

[gVOR08]

I kind of think the government should have to provide evidence of criminal acts, and if they can, prosecute the perpetrators and leave everyone else alone, including the schools, unless there's evidence of criminal acts by the schools.

I went to college in the late 60s, when in loco parentis was still formally in place. We had serious protests, Vietnam, nobody held the school responsible.

[damikesc]

There have been no major conservative uprisings in colleges in decades.

They CLEARLY can stifle things they want to stifle.

[Brett Bellmore]

Have there ever been conservative uprisings in colleges?

[y81]

Well, something required federal marshals at Ole Miss in the 1960s.

[Brett Bellmore]

I went to college in the late 70's, and the administration building was built after the late 60's. It had those narrow windows you can't fit through, and entry was funneled through a lobby that was so designed for defense that I would not have been shocked if there were murder holes hidden over the suspended ceiling. The halls had alternating setbacks to provide cover for suppressive fire.

I think they hired some guy who studied medieval castles as an architect.

[Ghost of Patrick Henry]

When did being an anti-Semite become something that's an academic subject??? College professors confuse academic freedom with their own personal views. Not at all the same thing.

[Brett Bellmore]

In any case, while freedom of speech, and of the press, is a constitutional command, "academic freedom" doesn't appear to be.

[Randal]

College professors confuse academic freedom with their own personal views.

These are the words of someone who has never in their life created something new.

[marry]

That was a very insightful panel! The debate between protecting civil rights and maintaining academic freedom is so delicate, and it’s encouraging to see experts discussing both sides thoughtfully. Federal efforts to combat antisemitism are crucial, but I also agree with the concern that policies must not unintentionally suppress open dialogue on campuses.

On a lighter note, whenever I need to take a break from such intense topics, I enjoy relaxing with some entertainment platforms. Recently, I came across https://magishub.com, which makes it easy to explore movies and shows in one place. It’s a nice balance between staying informed and unwinding with good content.

[y81]

You say that protests involving violence and disruption must be banned. What about peaceful but illegal protests, such as occupying a lawn or sitting in at a lunch counter?