Social media has taught us that one particular situation can spark a whole movement. For example, when the murder of George Floyd occurred in 2020, the “Black Lives Matter” and consequently the “Blue Lives Matter” slogans paraded across my Facebook and Instagram feeds. Similarly, following the attacks on October 7th, the level of antisemitic and Islamophobic sentiments skyrocketed. Moments like these underscore one of America’s greatest principles; the First Amendment of the United States Constitution grants all citizens the right to speak, write, and assemble as they please. Unlike most nations, our country has the freedom to express unpopular or controversial opinions without government interference or censorship (as long as it does not incite violence), which has fundamentally shaped our country into a place where the government derives its power from the people. However, the statements that have been made following the October 7th attacks have put this powerful, longstanding ideal to the test, proving that the more lenient we are with free speech, the more we are exposing vulnerable citizens to hate speech.

Encampments surrounding the University of California Los Angeles. https://www.chronicle.com/article/how-colleges-have-responded-to-student-encampments

On college campuses specifically, many students have urged legislators and university presidents to alter their policies on campus. Whether it be the encampments placed in the heart of campuses or “die-ins” (which are loud, public protests in the middle of quiet study places like libraries), Jewish students have felt undeniably uneasy at their schools. Some have viewed the protests as both disruptive and distracting of daily life and a threat to student safety. However, others would argue that it is within people’s rights to show support for a cause that they believe in. These recent tensions on college campuses regarding hate speech and the challenge of balancing free speech with campus policies has been brought to Capitol Hill. Talia Dror from Cornell University spoke twice at a House hearing, urging members of Congress to amend legislation that would keep students from feeling uneasy on campus. “In the wake of the darkest day in Jewish history since the Holocaust, administrators have excused endorsements of terrorism under the guise of free speech” Dror expressed.

Talia Dror speaking before the House Ways and Means Committee in June.https://dc.medill.northwestern.edu/blog/2023/11/16/house-committee-works-to-combat-the-rise-of-antisemitism-on-college-campuses/#sthash.FqleMniO.dpbs

While the Anti Semitism Awareness Act passed in the House on May 1st, which “require the Education Department to adopt the International Holocaust Remembrance Alliance’s definition of antisemitism”, other bills related to limiting free speech are more complex. For example, the Encampments or Endowments Act, introduced by Senator JD Vance (R-OH) would “prohibit colleges and universities from receiving federal financial assistance if they fail to remove disruptive encampments from their campuses”. Some people may view the encampments as a disruption, but the purpose of camping out as a group is a form of expressing solidarity and displaying political resistance towards the situation in Gaza. The First Amendment grants them the right to do so. But does The Civil Rights Act of 1964 impede on this action?

Speaker of the House Mike Johnson speaks at Columbia University after US House advances Anti Semitism Awareness Act. https://www.timesofisrael.com/us-house-advances-bill-to-codify-contentious-and-popular-antisemitism-definition/

The Civil Rights Act prohibits discrimination on the basis of race, sex, religion, or national origin in certain environments. Specifically, Title VI outlaws discriminatory activity for programs and activities that receive federal financial assistance (this includes universities) One recent bipartisan legislation introduced in January 2024 (Protecting Students on Campus Act) has proposed that institutions of higher education share more information about Title VI of the Civil Rights Act of 1964. The bill itself seems uncontroversial. However, there are many implications that this bill may ignite. First of all, there are debates as to whether or not the protests or encampments themselves are seen as anti semitic (which is why the Anti Semitism Awareness Act is significant). Beyond that, how can language be classified as religiously ‘discriminatory’ when its core argument is intended to support a specific cause?

Protesters arrested for refusal to remove encampments. https://www.nbcnews.com/news/us-news/live-blog/columbia-protests-live-update-encampment-continue-college-negotiates-p-rcna149111

Diversity, equity, and inclusion protections have influenced areas of free speech. Meriwether v. Hartop, for example, was a case in which a professor refused to call a non-binary individual by their correct pronouns. While the student claimed this was discriminatory, the professor won the case because free speech “had the right to do so”. When claims of free speech are used to defend discriminatory behavior, it proves that a spectrum exists between freedom of speech and civil rights. Could these actions today – like the encampments – be depicted as disruptive to a student’s day-to-day life? Conversely, is prohibiting students from engaging in such protests infringing on their inalienable rights? There are some students who have been arrested for refusing to remove encampments off of school property. This could be seen as an abuse of power as these students were being penalized for expressing their beliefs. Regardless of my own personal beliefs on the matter, I do think that university leaders should establish a dominant and clear Code of Conduct that establishes the extent to which protests may be enacted.

Another interesting development is the responses from University Presidents. A few months ago, a hearing went viral on social media in which Rep Elise Stefanik asked each President if calling for the genocide of Jews violated each university’s Code of Conduct. After delivering relatively vague answers, these 3 Presidents received a lot of backlash on social media, even resulting in Penn’s president resigning almost immediately afterwards. Cornell’s President, Martha Pollack, also decided to step down as President. While she did not specify her reasoning, it is clear that University Presidents are also dealing with loud voices on both ends of the situation. With it impossible to please every person on these issues, University leaders juggled with the task of balancing order on campus and maintaining a good image.

Claudine Gay (Harvard) and Liz Magill (Penn) Presidents testifying in front of Congress. https://apnews.com/article/harvard-penn-mit-president-congress-intifada-193a1c81e9ebcc15c5dd68b71b4c6b71

Political movements reveal the tension between two fundamental American principles: free speech and anti-discrimination. There may not be any clear-cut answer as to how we mitigate these situations on campus and allow for both of these conflicting ideas to exist. However, as more instances like these arise, we must decide how we can best support our students. If we do not figure out how to best keep both of these principles alive, these patterns will only worsen as political divisions continue to strengthen in all aspects of our lives.

Want to explore more?
https://apnews.com/article/campus-free-speech-young-generation-tension-b931b0dd41aacaac5c50710de9549b09Links to an external site.

https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0071p-06.pdfLinks to an external site.

https://www.nbcnews.com/politics/congress/house-vote-antisemitism-bill-campus-arrests-rcna150170Links to an external site.

https://waysandmeans.house.gov/event/hearing-on-the-crisis-on-campus-antisemitism-radical-faculty-and-the-failure-of-university-leadership/Links to an external site.

https://www.bls.gov/opub/mlr/2001/01/art1full.pdfLinks to an external site.

https://edworkforce.house.gov/news/documentsingle.aspx?DocumentID=411716Links to an external site.

https://www.highereddive.com/news/how-campuses-can-protect-free-speech-and-student-safety-amid-the-israel-ham/700320/#:~:text=Campus%20leaders%20should%20start%20by,words%20may%20land%20with%20others.Links to an external site.

https://www.aclu.org/documents/speech-campusLinks to an external site.

https://www.washingtonpost.com/dc-md-va/2024/05/08/gwu-protest-encampment-dc-police-arrests/Links to an external site.

https://www.justice.gov/opa/pr/former-cornell-student-pleads-guilty-posting-online-threats-against-jewish-students-campus#:~:text=All%20News-,Former%20Cornell%20Student%20Pleads%20Guilty%20to%20Posting,Against%20Jewish%20Students%20on%20Campus&text=Patrick%20Dai%2C%2021%2C%20formerly%20a,another%20person%20using%20interstate%20communications.Links to an external site.