My friend David L. Bernstein, author of the all-too-prescient Woke Antisemitism, and I have a new article about to be published in the Harvard Journal of Law & Public Policy's online forum Per Curiam, "Supporting Free Speech and Countering Antisemitism on American College Campuses." David L. is not an attorney, and the piece is a bit different from standard law review fare.
While we cite relevant caselaw, the article is primarily an attempt to answer this question: "You believe in freedom of speech. You also think that Jewish university students should be protected from discrimination. What should you advocate universities do about campus antisemitism in the post-10/7 climate?"
It turns out that our perspective is broadly consistent with the state of First Amendment and Title VI law. To the extent it isn't or it's unclear, we believe the law should move in the direction we advocate, but absent legal constraints universities should pursue the relevant policies regardless. I will probably blog a few excerpts over the next week.
