The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Journal of Free Speech Law: "Anti-Zionism and Title VI: College and University Responsibility," by David E. Bernstein
The article is here; the Introduction:
Since Hamas's October 7, 2023 attack on southern Israel, the start of the subsequent war in Gaza, and an outbreak of campus protests ex...
The strongest version of this narrative is that universities have a legal and moral obligation to protect Jewish students from a hostile environment, even when that environment is shaped by constitutionally protected speech. The argument is compelling in its insistence that context—specifically, the surge in physical violence and threats against Jewish students—must inform how we interpret the "reasonable person" standard in Title VI cases. By documenting specific incidents of assault, vandalism...
