Anti-war protests, rises in antisemitism magnify challenges for free speech on college campuses

The war in Gaza after Hamas’ Oct. 7 attacks inside Israel has birthed contentious protests on college campuses magnifying debates around free speech and how universities should handle ramped up and controversial rhetoric — including antisemitism.

The debate can pitt students’ and staff’s free speech rights — especially at public universities — against safety and harassment concerns voiced by other students and employees.

“I think we forget that there is the possibility that even protected speech can create a hostile environment. I think that’s important,” said Shira Goodman, senior director of advocacy for the Anti-Defamation League, which has seen a rise in reports of antisemitism since Oct. 7.

Goodman said protests and events on campus can potentially run afoul of Title VI of the federal Civil Rights Act that protects students and others of “shared ancestry” and other protected classes from mistreatment and harassment at colleges and universities receiving federal financial aid and other government money.

The U.S. Department of Education is currently conducting Title VI shared ancestry investigations at more than 40 colleges — including Johns Hopkins University, Harvard University, University of Michigan, Montana State University, Massachusetts Institute of Technology, University of South Florida and University of Wisconsin-Madison.

On the other side of the issue, Haley Gluhanich, program officer for campus rights advocacy for the Foundation for Individual Rights and Expression, has seen an increase in calls from students and others across the political spectrum about their First Amendment rights being restricted.

“We are seeing events being canceled. We are seeing student organizations being de-chartered. We are seeing students and faculty members getting disciplined for social media posts for some comments made in class,” Gluhanich said.

Protests against the war include criticism of U.S. and President Joe Biden’s military and other support for Israel.

Gluhanich and Jane Kirtley, a professor of media ethics and law at the University of Minnesota, said even “hate speech” enjoys First Amendment and protections as long as it doesn’t cross the line into more direct and specific threats or incites violence.

Kirtley worries about government actors (including at public universities) as well as wealthy donors discouraging speech they don’t like.

She said that comes with peril and potential blowback.

“Once we open the door to allowing the government to tell us what thoughts aren’t acceptable, we run the risk that, in the future, ideas with which we agree could be suppressed, as well,” she said.

For a more expansive story on this issue check out StarDem.com and our e-edition on Monday, Feb. 26.