FIGHTING ANTISEMITISM WHILE PRESERVING FREEDOM OF SPEECH: C-Span covered a panel discussion on this issue, sponsored by the Liberty & Law Center at Scalia Law School’s Voices for Liberty Project (I am executive director of the Center). On the panel, I discussed a paper I am coauthoring on the subject, with comments from the Brandeis Center’s Ken Marcus (who served as head of the Department of Education’s Office for Civil Rights in the first Trump administration) and George Washington University professor Sam Goldman. You can watch the discussion here, starting at 4:15 in the video. The basic thrust of my remarks: much of the controversy around antisemitism on college campuses involves actions (vandalism, harassment, disruption, “occupation” of parts of campus) that isn’t protected speech to begin with; when it comes to licit speech, the two basic principles are that universities should adopt a liberal posture on speech, but if they don’t, they should be forced to enforce their rules even-handedly, rather than favor the interest of favored groups (certain racial and ethnic minorities, feminist women, LGBT students, and the like) over others (everyone whom they currently exclude from “intersectionality,” including but hardly limited to Jews).
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