Video of Education Law and Policy Panel on "Federal Efforts to Combat Antisemitism: Restoring Campus Civil Rights or Infringing Academic Freedom?"

Below is a video of the panel on “Federal Efforts to Combat Antisemitism: Restoring Campus Civil Rights or Infringing Academic Freedom?” from the recent Education Law and Policy Conference, co-sponsored by the Federalist Society and the Defense of Freedom Institute. I was one of the participants. The others were Tyler Coward (Lead Counsel, Government Affairs, Foundation for Individual Rights and Expression (FIRE)), Ken Marcus (Chairman & Founder, Brandeis Center), and  Sarah Perry (Vice President & Legal Fellow, Defending Education). Carlos Muniz, Chief Justice of the Florida Supreme Court, moderated.

Not surprisingly, Tyler Coward and I were much more critical of the the Trump Administration’s policies than Perry and Marcus. In my view, much of what is being done under the pretext of combatting campus anti-Semitism is actually undermining freedom of speech and academic freedom, and also illegally seeking federal control over state and private universities. But there were more areas of agreement. For example, we all agreed that the federal government cannot properly seek control over university curricula (Perry even said the Trump Administration’s efforts to do so at Harvard gave her “apoplexy”) and that campus protests that devolve into violence and disruption must be banned, and are subject to punishment. Though in my view, not all of the latter qualify as anti-Semitic, and some are properly addressed by state and local law, rather than federal enforcement.

We also all agree that Jews are among the groups protected by Title VI (the federal law banning racial and “national origin” discrimination in educational institutions receiving federal funding). This position was once controversial, but has gained widespread cross-ideological acceptance more recently. On the other hand, Marcus and I differed over whether the very broad IHRA definition of anti-Semitism is the right one to apply in this context. In my view- as applied to anti-discrimination law, that definition creates dangers similar to those of overbroad definitions of racism and sexism, traditionally decried by conservatives and libertarians.

I have previously written about campus anti-Israel protests here and about far-left versions of anti-Semitism here (discussing, among other things, how they differ from right-wing/nationalist anti-Semitism).

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