Campus Antisemitism Debate Muddles Nuances of Free Speech

12/08/2023 04:08
Campus Antisemitism Debate Muddles Nuances of Free Speech

The principles of the First Amendment and academic freedom don’t lend themselves to soundbites.

The lowlight of the House hearings on campus antisemitism Tuesday came when Congresswoman Elise Stefanik asked the presidents of Harvard, MIT, and the University of Pennsylvania whether it would be bullying and harassment if someone on campus called for a genocide of Jews. The presidents’ answers — that it depended on context — landed about as badly as it could have. Stefanik, a Trumpist Republican election denier, browbeat them and called it “unacceptable.” Since then, a chorus of other voices, including Josh Shapiro, the Democratic governor of Pennsylvania, has agreed.

The trouble is that, as it happens, the presidents were accurately describing their universities’ rules, which do depend on context. Even the Foundation for Individual Rights and Expression, which has criticized universities harshly over the years, says that “it’s hard to see” how the hypothetical sentence proposed by Stefanik could qualify as harassment.

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