March 20, 2025

"The First Amendment protects speech many of us find wrongheaded or deeply offensive..."

"... including anti-Israel advocacy and even antisemitic advocacy. The government may not threaten funding cuts as a tool to pressure recipients into suppressing such viewpoints. This is especially so for universities, which should be committed to respecting free speech. At the same time, the First Amendment of course doesn’t protect antisemitic violence, true threats of violence, or certain kinds of speech that may properly be labeled 'harassment.' Title VI rightly requires universities to protect their students and other community members from such behavior. But the lines between legally unprotected harassment on the one hand and protected speech on the other are notoriously difficult to draw and are often fact-specific. In part because of that, any sanctions imposed on universities for Title VI violations must follow that statute’s well-established procedural rules, which help make clear what speech is sanctionable and what speech is constitutionally protected. Yet the administration’s March 7 cancellation of $400 million in federal funding to Columbia University did not adhere to such procedural safeguards...."

From "A Statement from Constitutional Law Scholars on Columbia/Eugene Volokh, Michael C. Dorf, David Cole, and 15 other scholars/The government may not threaten funding cuts as a tool to pressure recipients into suppressing First Amendment–protected speech" (NYRB).

107 comments:

Aggie said...

Did they sign it with a flourish, and did the '51 members of the intelligence community' also chime in with their opinion? File it away in 'Letters from the self-appointed Self-Important'

RideSpaceMountain said...

Volokh is completely on point here, as usual.

TeaBagHag said...

Not true!
One thing I’ve learned from the Althouse comments, is that if Cheeto Mussolini said it’s legal, we can save ourselves a lot of critical thinking; any other legal opinion can pound sand! 3 co equal branches of government my ass!8

MadisonMan said...

Eugene Volokh, Michael C. Dorf, David Cole, and 15 other scholars
Well! I wonder if the 15 others are peeved not to (cough) garner a headline mention!
The argument is that Free Speech shouldn't cost Universities anything?

mindnumbrobot said...

"But the lines between legally unprotected harassment on the one hand and protected speech on the other are notoriously difficult to draw and are often fact-specific."

Not really, and we know the specifics. They encouraged the atmosphere of anti-semitic hate and now don't want to take responsibility for their actions. They're children.

RideSpaceMountain said...

I wish Trump would stop hammering the anti-semitism issue so the universities can go back to hating white people again.

MadisonMan said...

I will add that there is a long history of the Government using funding as a cudgel to get what they (the Government) want. What is being done now is out in the open, a refreshing change from, say, declining to fund something because the wording in the proposal doesn't include the right words, or because the point of the proposal doesn't align with the Government's goals.

planetgeo said...

Every video I've seen of Columbia incidents of antisemitic "free speech" sure looks like mostly violent speech. They appear to be Exhibit A examples of the leftist belief that "your speech is violence, but my violence is speech".

Dear, esteemed constitutional lawyers, we are tired of this bullshit. The time comes when the jackass needs a 2x4 to get its attention before you deliver the well-crafted and limited legal action. That time has come.

rehajm said...

These signing statements are appeals to phony authority. We have some Supreme recent examples of politically motivated individuals willing to besmirch their personal and professional reputations in the name of get Trump. Such nonsense is valuable only to identify the perps by their names and signatures…

BarrySanders20 said...

MM said: "Eugene Volokh, Michael C. Dorf, David Cole, and 15 other scholars . . ."
Must feel like the Professor and Mary Ann when they ran with And The Rest</a

Jersey Fled said...

“ Yet the administration’s March 7 cancellation of $400 million in federal funding to Columbia University did not adhere to such procedural safeguards...."

Wouldn’t it be up to the University to challenge said cuts? As of this date, they have not. Instead they have pledged to “work with the Federal government to address their legitimate concerns”

rehajm said...

The only signing statement lawyers and conlaw scholars should be concerning themselves with is the condemnation of activist judges…

Sydney said...

MadisonMan said "I will add that there is a long history of the Government using funding as a cudgel to get what they (the Government) want."
Exactly. That's one reason everyone embraced the trans ideology so easily. Afraid to lose funding. Not to mention fear of prosecution for violating civil rights by not calling men women.

Mike (MJB Wolf) said...

There's so much wrong with this constant attempt to remake vandalism, threats of violence, actual violence, "No Jew" zones, disruption of education (the alleged reason these schools exist!) into a First Amendment issue. Students should have their right to attend university without being harassed every day supported by schools.

Because they do "if you're black." They do "if you're LGBT." They do if you are a self-declared "Palestinian." But they DON'T for their Jewish students, who are being singled out for mistreatment because of race and ethnicity.

The number of stupid "last stands" on which progressives are willing to take the wrong side is absolutely amazing to me.

rhhardin said...

This particular fuzzy line comes from fighting the wrong battle: who's more oppressed. You can't win that one. The Jews have their Holocaust card, and it's being met with a Palestinian holocaust card. Abstractly, at the moment, Palestinians are more oppressed.

The right argument, and this would be on US campuses in particular, is who's more moral. Israel has repeatedly offered mutually beneficial trade to the Palestinians, and each time Hamas has either blown it up or shot it down. Mutually beneficial trade being the only source of new wealth in the world, that's Palestinians oppressing themselves by being dickheads. It's similar to blacks oppressing themselves by carrying a chip on their shoulder instead of acting white, acting white being the only path to success.

Jews, like blacks, are wedded to their oppression card. In blacks it's a way to avoid noticing that it might be performance and not race that's the real question, and perhaps blacks lag in performance; in Jews, seeing antisemitism everywhere whether it's there or not is a way to support alienation and prevent assimilation. Same as for blacks.

Alienation in scholars is an enormous creative resource, and astounding Jewish scholarship is the result. Among the non-scholars, it's being wedded to idiocy.

If the campus mobs were about who's acting morally instead of who's oppressed, Israel would easily win. But it's not about that, it's about "You can't live here" vs "We're always oppressed by non-Jews."

RideSpaceMountain said...

@Mike (MJB Wolf), just yesterday progressive talking heads essentially sided with terrorists burning and vandalizing Tesla vehicles and dealerships as a form of "protest".

It's a bold strategy cotton, let's see if it pays off for 'em...

rhhardin said...

" I didn't use to"

Handy explanation of use/used, which can't be distinguished in speech and so you get no clue from what sounds right and what sounds wrong.

Only one verb carries tense. I used to do better. Past tense.

I didn't use to do that. Did carries the tense, so use is in base form.

Quayle said...

Can the government threaten funding cuts as a tool to pressure recipients into adhering to certain prescribed speech?

gspencer said...

Oh, so these colleges have a right to this funding, as in entitled to have it?

BarrySanders20 said...

They'll have to do another article about Trump withholding $175 million to U Penn because they allow intact males on women's sports teams and in their locker rooms. Maybe they'll use "free association" grounds for that one -- that U Penn gets to decide when women must submit to mentally ill male demands to invade their spaces.

jj121957 said...

Free speech shouldn't require my tax dollars.

rhhardin said...

We need women's spaces so that they're not constantly reminded that they don't have penises.

Peachy said...

The anti-Jewish/ anti-Israel hate speech is often filled with threats of violence and intimidation.

Then what?

BTW - these are the same hate-filled assholes who are using arson as intimidation against musk.

Dude1394 said...

More "experts". Sorry, we've gone down that path. Never again.

Achilles said...

The government may not threaten funding cuts as a tool to pressure recipients into suppressing First Amendment–protected speech" (NYRB).

I have a better idea then.

No taxpayer money for any of these people.

Get f$$$$ you bloviating parasites. Get people to willingly pay your for your "thoughts." There is no reason to give any of them any money.

They produce nothing of value and the look down on the people who make their gilded lives possible.

narciso said...

'cut the heads off the jews' that what the rocket surgeon khalil was chanting, while organizing riots against Jews,

RideSpaceMountain said...

Achilles said, "No taxpayer money for any of these people."

Just like King Solomon, the best course of action reveals itself.

Lilly, a dog said...

The mistake here is that the Trump admin gave conditions for the funding to be restored. They should have just taken the funding away.
It seems that Columbia doesn't want to challenge this in court, so the legal scholars are just blowing smoke.

Goldenpause said...

Funny how “scholars” always find an argument to protect their rice bowls.

Political Junkie said...

I believe the government should not be able to jail people for speech. But, taking funding away and other punishments for speech the ruling party finds objectionable are ok by me. MIght not like it when my side is not in power, but I can either vote against the other team or move to another state or country if I don't like it.

Jimmy said...

"The message from the American Left to conservatives is unmistakable: silence yourselves, or we will do it for you. This isn’t comedy - these are marching orders."Scott Jennings
The left can try to cloak itself in the constitution, when it is convenient, but the reality is that violence and intimidation are basic tenets of its world view.
They are fighting to keep people in debt, less free, and obedient to a state known for its corruption and insanity.

narciso said...

Yes, but they are conditions they are unwilling to comply with,

BUMBLE BEE said...

At what decibel level does free speech become threat?

BUMBLE BEE said...

I remember National Guard was used to block Democrat free speech in Selma's schools. Old habits die hard.

boatbuilder said...

I agree with the principle--but the devil is in the details. Could the Administration withhold funding to an institution that tolerated anti-black "speech" and actions--i.e. violence and threats of violence-- of a similar nature? Can Congress? Are there any restrictions that an administration can impose?

Gravel said...

The statement argues that cutting off funds is invalid because the Trump administration bypassed four procedural steps. To wit:

"Under Title VI, the government may not cut off funds until

[1] it has conducted a program-by-program evaluation of the alleged violations;

[2] provided recipients with notice and “an opportunity for hearing”;

[3] limited any funding cutoff “to the particular program, or part thereof, in which…noncompliance has been…found”; and

[4] submitted a report explaining its actions to the relevant committees in Congress at least thirty days before any funds can be stopped."

Let's assume that those four points are actually present in Title VI. Points 1 and 3 are just silly. There isn't a specific program that is violating Title VI, it's the entire university. The 30 days notice provisions might have a little more weight, but as has already been pointed out, Columbia could fight it based on those grounds, but they appear to be knuckling under.

narciso said...

Cole is a protege of Kunstler, who defended the Blind Sheikh among others,

Smilin' Jack said...

I don’t see why we need to drag the First Amendment or antisemitism into this. The real problem is mobs of loudmouth assholes getting in everybody else’s way. Enforcement of loitering, noise, and trespassing laws would solve 99% of it.

Achilles said...

In general what we are seeing is the Host rejecting all of the parasites attached to it.

And this "First Amendment" argument is just the parasites pretending the constitution gives them a right to the blood they are sucking out of the American Taxpayer.

At this point it isn't enough to cut off their funding. It is time to seize the endowments and retirement accounts of these thieves and frauds who haven't had a real job their entire lives and to give it back to the taxpyers they stole the money from.

gilbar said...

Serious Question:
if you tell all the jews at your school, that IF they leave their dorm rooms.. you'll rape and murder them...
is THAT "free speach" ?? I mean, since they're jews?

narciso said...

Because you need a predicate, this is much like the Gitmo bar which was organized by the Levick Group, that legitimized Al Queda terrorists including the 20th hijackers,

mccullough said...

Constitutional Law Scholars looking for what was where it used to be.

Leland said...

This is false:
"Yet here the sanction was imposed without any agency or court finding that Columbia violated Title VI in its response to antisemitic harassment or discrimination."
4 Agencies announced their joint finding. 4 of them!

https://www.hhs.gov/about/news/2025/03/07/doj-hhs-ed-gsa-announce-initial-cancellation-grants-contracts-columbia-university-worth-400-million.html

I also read the "statements" notion of the procedures to follow. There are 4 steps, and from what I can tell the first 3 were followed by the description provided in the "statement". The last step is that Congress is notified 30 days in advance. Well, Trump's EO was issued on January 29th. The first public announcement by the GSA was March 3rd. From the "Statement", Columbia had an ultimatum to respond by March 13th (Step 2 of the process). That's assuming all communications regarding this investigation began March 3rd and "immediate" means that day. Since when did such investigations begin in public versus private messaging to the suspect and Congress? And "immediate" apparently doesn't mean that day, since 10 days passed from the first official announcement and the ultimatum. The March 7th announcement was simply a follow on to note that Columbia was not responding to the March 3rd notification. Hopefully that got their attention.

Shame Pipeline XL didn't get this much notification. Neither did the allies in Afghanistan.

Leland said...

What Gravel said above, while I was typing...

gilbar said...

MadisonMan said...
I will add that there is a long history of the Government using funding as a cudgel to get what they (the Government) want.

another Serious Question: WHY is the drinking age in Wisconsin no longer 18? WHY is it 21?

narciso said...

Of course not, they are useful, now the likes of khalidi, bassem (sic) add useful tool Rowley, who push post colonial studies, a brew of Fanon with a touch of Qutb are a large part of the problem, along with the most radical student body they could round up,

David53 said...

Let’s work backwards from where this all started. Who is eligible for federal monies and why are they entitled to tax-payer dollars? If the Department of Education is abolished this will become even more interesting.

RideSpaceMountain said...

https://en.wikipedia.org/wiki/List_of_colleges_and_universities_in_the_United_States_by_endowment

These universities do not need taxpayer-funded anything.

rehajm said...

said...
Constitutional Law Scholars looking for what was where it used to be.


Quality.

Eva Marie said...

It’s kind of sweet that there are people in this world who still think a list of experts attached to an opinion means anything. Such innocents.

Achilles said...

RideSpaceMountain said...
https://en.wikipedia.org/wiki/List_of_colleges_and_universities_in_the_United_States_by_endowment

These universities do not need taxpayer-funded anything.


1000%

All their endowments should be seized and the retirements of all the administrators and professors should be taken to repay student loan debt.

Achilles said...

Eva Marie said...
It’s kind of sweet that there are people in this world who still think a list of experts attached to an opinion means anything. Such innocents.

It is even more important to these people than the money they get that they be seen as smart people whose endorsement people want.

They are Smart! And damn you little people for noticing how poorly they have been acting and trying to impose consequences on their actions.

The university system has attracted a huge number of ~110-120 IQ mediocrities who have no real talent. This is why they hate people like Trump and Musk so much.

Meade said...

TeaBagHag said...
“Not true!
One thing I’ve learned from the Althouse comments, is that if Cheeto Mussolini said it’s legal, we can save ourselves a lot of critical thinking; any other legal opinion can pound sand! 3 co equal branches of government my ass!8“

Where did your ass get the idea that the three branches of government are to be “coequal?” Montesquieu? No. Madison? No. Straight out of your “ass?” No doubt.

Keith said...

mindnumbrobot said...

"But the lines between legally unprotected harassment on the one hand and protected speech on the other are notoriously difficult to draw and are often fact-specific."

Not really, and we know the specifics. They encouraged the atmosphere of anti-semitic hate and now don't want to take responsibility for their actions. They're children.
3/20/25, 10:27 AM
...

I thought the same thing. Are they standing on the Quad with signs yelling? Protected. Are they blocking Jews from attending class? Not protected. While we can be neutral as to if we want Hamas supporters in this country, if they make this country better or not, as soon as that crosses into violence and taking away others' rights (freedom of movement in this case), we certainly do NOT want those kinds of people in our universities and in our country. THOSE kinds of people should be kicked out of college and if they are not citizens, they are destabilizing our country, are poor guests, and should be kicked out.

wendybar said...

So would it be okay if people went to a college and dressed in white hoods, and called blacks the N word and violently kept them from attending classes that THEY paid for?? It's free speech, right?? What is the difference??

Jaq said...

"One thing I’ve learned from the Althouse comments, is that if Cheeto Mussolini said it’s legal, we can save ourselves a lot of critical thinking; any other legal opinion can pound sand! 3 co equal branches of government my ass!8“

Unironically endorsed! Aince what TeaBagHag seems to be advocating is the supremacy of the Judiciary over the other branches, and the idea that unelected judges should exercise all powers of the presidency that they don't like. I will take the guy who has to stand for election, thank you.

wildswan said...

Yes, the government may not use funding cuts to suppress free speech. But aren't the universities using their economic power over professors and students to attack a disfavored group?

Aren't they using their economic power to pick and choose who can hurl [protected speech] insults? Could prolifers, for example, hurl insults and block pathways on campus while under the protection of campus cops and while facing no academic/economic consequences? An economic power is backing up those who hurl certain insults and not backing up others. The academy is picking and choosing economic winners and losers among those who exercise the right of free speech. Doesn't that economic power partly come from the Federal government? Aren't the Federal funding cuts preventing the raw use of the economic power of the universities against the Jews? Is this really about free speech? Is Title VI about free speech or about not using Federal funds to stack the deck against the Jews or any other group whose speech the academy finds offensive.

Yancey Ward said...

The proper path here is to support the students who are being harassed by the anti-semites, and other leftist haters on these campuses, by filing federal lawsuits against the universities if those universities are taking little or action to stop such verbal abuse. When I was in college in the 1980s, such a verbal assault would get you expelled everywhere if you did it more than a couple of times against another student or a member of faculty.

Butkus51 said...

Free speech was suspended for Covid

RideSpaceMountain said...

@Butkus51, so was sanity.

Peachy said...

TeaBagHag(D)
YOUR Democratic party in action:

"FROM THE LEFT’S WAR ON WOMEN GIRLS:
What Dems Have Done to Deerfield girl—and the rest of Illinois—is Just Plain AWFL."

You hear that gruesome story of the 13-year-old middle-school girl from Deerfield confronted by school officials and ordered to disrobe in front of a male classmate?

It sounds too AWFL to be true.

But it happened, according to her mother Nicole Georgas who said Tuesday she was filing a police complaint with the police in Deerfield on top of a complaint she filed with the U.S. Department of Justice.

The mom alone standing up for her daughter’s privacy was repeatedly mocked and insulted by hostile trans activists as she addressed a crowded District 109 School Board meeting.

The story has gone viral world-wide and was broken by the Lake County Gazette and Dan Proft’s radio show “The Morning Answer.”

To understand this bizzarro world, please understand this:

Even though President Donald Trump has signed an executive order protecting girls’ privacy, and has vowed to cut federal education funding to rogue states, the Illinois Democrats are funded by billionaire Gov. JB Pritzker, who is the bankrupt state’s leading activist for transexuals.

And he’s running for president.


“The male student was present in the girls’ locker room,” Georges said at the school board meeting. “Feeling violated, the girls made the choice not change into their PE (physical education) clothes with a biological male present.”

The next day Georgas said, the officials at Alan B. Shepherd Middle School tried to bully a girls’ PE class into changing in front of the boy."

deepelemblues said...

Universities are in violation of multiple Titles (VI and VII, iirc) regarding denying students a safe environment, and the opportunity to be educated itself, based specifically on religion this time (their being Jews). Free speech has nothing to do with it.

Earnest Prole said...

I think we can all agree free speech is for me but not for thee.

RideSpaceMountain said...

I think we can all agree that taxpayer monies are for we and not the university.

lonejustice said...

Eugene Volokh is an American legal scholar known for his scholarship in American constitutional law and libertarianism as well as his prominent legal blog, The Volokh Conspiracy. Volokh is regarded as an expert on the First Amendment and the Second Amendment.

He's a serious scholar, and if you follow The Volokh Conspiracy blog I think you will find that you agree with him most of the time.

Rusty said...

jj121957 said...
"Free speech shouldn't require my tax dollars."
There it is.

Kevin said...

The government may not threaten funding cuts as a tool to pressure recipients into suppressing First Amendment–protected speech.

But that's not what they're doing, is it?

The government’s action therefore risks deterring and suppressing constitutionally protected speech—not just illegal discriminatory conduct.

And what are the risks of the government's inactions, or the continuation of these actions on campus during a lengthy discovery and litigation process?

Of that, these legal scholars have no opinion.

chuck said...

I think the question is: why should my money be used to support antisemitic speech? It isn't like the government is shutting down Columbia and the demonstrations, they are just declining to fund it.

Eva Marie said...
This comment has been removed by the author.
Kevin said...

Shorter NYRB: Legal scholars advocate withholding of government funds be subject to thorough litigation, of which they would be likely hired to participate.

BUMBLE BEE said...

Remember Half Hour News Hour?
https://www.youtube.com/watch?v=8SLF_4R0dYA&t

Achilles said...

Earnest Prole said...
I think we can all agree free speech is for me but not for thee.

This is bad faith sarcasm.

You are making a stupid argument and posing it in a way you don't have to engage with better arguments.

It is mediocre thinking just like 95% of College/University employees in this country.

Free speech doesn't require me to pay for it. You can support Hamas all you want but you can do it without federal tax money. 95% of the University system is mediocre intellectual garbage like your post that nobody wants to be forced to pay for anymore.

Earnest Prole said...
This comment has been removed by the author.
Iman said...

Democrat Turd Burglar™ Alert 🚨 !!!


https://x.com/Rightanglenews/status/1902496799635497234?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1902496799635497234%7Ctwgr%5E6b7f52a55e6c61ad6cf4bb2563b21c409ab2dc8c%7Ctwcon%5Es1_c10&ref_url=https%3A%2F%2Finstapundit.com%2F709592%2F

Achilles said...

lonejustice said...
Eugene Volokh is an American legal scholar known for his scholarship in American constitutional law and libertarianism as well as his prominent legal blog, The Volokh Conspiracy. Volokh is regarded as an expert on the First Amendment and the Second Amendment.

He's a serious scholar, and if you follow The Volokh Conspiracy blog I think you will find that you agree with him most of the time.


Eugene Volokh needs to get a real job. He has lived off of taxpayers too long. Mediocre at best. The 1st and second amendments are clear and don't require experts to interpret.

The only purpose of "Experts" with regards to the 1st and 2nd Amendments is to erode the rights of the little people with penumbras and justifications for the elite who desire gun control and censorship wrapped in pretty words.

As noted here Eugene refuses to deal with the central argument: There is no possible interpretation of the 1st amendment that requires me to pay for Volokh's Ivory Tower Sinecure.

Bob Boyd said...

https://x.com/i/status/1902545311312105934

Sally327 said...

I haven't been able to figure out why being a Jew in America means other people get to bully and harass you.

MadisonMan said...

@gilbar, I actually did think, while writing above, of the Federal Cudgel to states for upping the drinking age to 21.

D.D. Driver said...

Where was the outrage for Operation Chokepoint. Isn't this just Trump's version of Operation Chokepoint?

Achilles said...

D.D. Driver said...
Where was the outrage for Operation Chokepoint. Isn't this just Trump's version of Operation Chokepoint?

Cutting the stream of US payer tax dollars is not the same as colluding with banks to eliminate financial services for political opponents.

RideSpaceMountain said...

Sally327 said, "I haven't been able to figure out why being a Jew in America means other people get to bully and harass you."

I think the same thing about white heterosexual males. Ditto.

Curious George said...

'MadisonMan said...
@gilbar, I actually did think, while writing above, of the Federal Cudgel to states for upping the drinking age to 21."

Or lowering the speed limit to 55.

J Scott said...

"true threats of violence" Oh boy that's gotta be alot of fun to litigate.

Richard said...

Once again, free speech starts and ends with the Jews. There eminent scholars were not so worried about free speech when it came to criticism of blacks and gays.

Tim said...

I am generally in favor of free speech to a huge degree. I think most hate speech statutes are unconstitutional. I think "hate crimes" are stupid. And I think the government pressuring private institutions to drop customers due to viewpoints is flat wrong. This is different from taking tax money and giving it to institutions. You give money to encourage behavior you want. Like lowering the BAC level to .08. Or lowering speed limits. Or any number of other behaviors. I think Trump is just continuing other government behaviors with this action.

Rocketeer said...

"He's a serious scholar, and if you follow The Volokh Conspiracy blog I think you will find that you agree with him most of the time.'

Sometimes a sighted squirrel loses a nut.

Josephbleau said...

So the rule is, “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

So congress can make no law abridging. Sounds to me like there is no mention of any exceptions, so you can yell fire in a crowded theater, congress can make no law preventing it.

But our legal overlords disagree for some reason, and censorship is permitted. I’m just not educated properly to understand this,

Leland said...

Where is the outrage to ESG?

Josephbleau said...

A practical answer to government abridging speech is that it breaks the 1st amendment when it feels like it and thinks it can get away with it.

n.n said...

The issue is not free speech, but rather affirmative action.

Rosalyn C. said...

The line between protected political speech and violent vicious intimidation wasn't that hard to distinguish. And as rhhardin notes, Jews are very familiar with antisemitic hostility and are very good at ignoring it and getting on with their lives. However the demonstrators at Columbia made sure that their hatred was impossible to ignore.
"Jewish students get harassed trying to leave
@Columbia ’s campus tonight. You can hear someone yell “Yehudim Yehudim”- “Jews Jews.” They curse and yell “go back to Poland.” Antisemitism has become the new normal here." David lederer (@Davidlederer6)
Columbia U did nothing over many weeks to stop this harassment of Jewish students as they attempted to access and exit their classes and the campus. Jewish students were obstructed from entering campus buildings, ("No Zionists Allowed") and classrooms were disrupted.
I can't imagine anyone defending that kind of behavior if Blacks or LGBTQ students were targeted.

Kakistocracy said...

I think it is a mistake to justify free speech in a purely instrumental way. Aside from free speech allowing us to find truth and deliberate on who should govern us, it also also valuable to the sovereign self.

Many authors argue that free speech is justified by our interests as speakers—one's capacity to be the reflective authors of our own lives. The value of self-expression is not always depend on the availability of a willing audience, we may have an interest in declaring who we are from the rooftops no matter who hear us. This is why freedom of what we write in a diary or journal (as shown by Orwell) is also plausibly protected from government interference—regardless of whether our writing persuades others of an
objective truth or not. To not have this capacity would be to loose a key part of the expression of who we are.

This interest to the self is one reason why free speech should be prima facie protected. There should be constraints on the ability of private actors to artificially emphasize the voice of who benefits their commercial interests. But, at the same time, excess regulations (favored by many on the modern left) runs the risk of giving government power over the sovereign self, which is a bizarre thing to do because it would mean to outsource our capacities to those who have not lived our lives nor share our thoughts.

SGT Ted said...

My take is that Columbia U is free to allow anti-semites to screech their hatred of Jews, threaten janitors, take over buildings and foment violence.

and

The US Government is free to not give them money if thats the sort of institutional culture they want to have.

If it were a KKK group doing those very things to black students on campuses that were done to the Jews there by the Pro-Hamas radicals, Bidens DOJ Civil Rights Division would have arrested them all and they'd be facing decades of jail time.

hombre said...
This comment has been removed by the author.
Iman said...

There endeth the lesson for DD Driver @1:32pm!

Don’t go away mad, go away educated.

mikee said...

Columbia's endowment could only last 30 to 40 years, assuming zero investment gains, if it was used to cover the proposed funding loss from the federal government's grants. So it isn't about this year's funding pause, and a pause is all that has occurred. The argument is about loss of some to all those funds. This year. And next year. And for as long as the D's are out of power.

Why does a university with an endowment over 15 billion dollars get a dime from the taxpayers? It should be self-funding with free tuition, forever.

JIM said...

I don't think that line is hard to decipher.
When the Left does violence they consider that speech, when the Right speaks the Left considers that violence.

hombre said...

By all reports the incidents of intimidation and physical violence were an integral part of the demonstrations. The case for speech should become more difficult to make. And why are taxpayers providing hundreds of millions to a private university with multiple billions in endowments anyway?

Lem Vibe Banditory said...

I agree.

GRW3 said...

Once again let's be clear, violence is not speech. Assault (which can be merely getting in someone's face and intimidating them, it does not require physical contact which is), battery, destruction of private/public property, denial of civil rights, etc. are not speech.

Rabel said...

Under current interpretations Jews are protected class under Title VI.

Columbia knows it doesn't have a leg to stand on.

The Godfather said...

We've come a long way from what I think was the original issue. The first question we need to ask is whether the FEDERAL GOVERNMENT should be paying for a University's curriculum. The general answer is, No, but the Feds can help (through loans or grants) students pay their college tuition.

But doesn't that mean that students federally-funded may be taught by their universities stuff that is untrue, racist, or just plain bull shit? YES! That's exactly what it means. So send them somewhere else, if you can find the "else". Or pray that you raised them right so they don't fall for the scam.

MJ said...

I think Volokh is right. But it's incredibly frustrating that neither he nor anyone else makes the same statement against weaponizing Title IX (which violates due process and [ironically] Title IX). In numerous other cases (race preferences for example) schools routinely violate the Constitutional and our civil rights yet I don't ever remember a similar statement published in objection. So this is continuing the long trend showing these institutional checks on the executive work - but only against Republicans. Because the bureaucracy, academia, media, and NGOs are so thoroughly corrupted by left wingers (after having driven out not just everyone on the right but also moderates) Dems are able to routinely flout the constitutional law and legislation they pretend to care so much about.

Paul said...

Saying you hate Jews is one thing... calling for their assassination and extermination is another... 1st Amendment protects the first part... but not the second.

The Middle Coast said...

What happened to hostile environment analysis?

effinayright said...

The First Amendment protects speech many of us find wrongheaded or deeply offensive..."

"... including anti-Israel advocacy and even antisemitic advocacy.
***********

Oh really? Then explain the language of The Civil Rights Act of 1964, "which prohibits discrimination based on race, color, religion, sex, or national origin. Title VI specifically prohibits discrimination in programs receiving federal financial assistance."

"For American Jews specifically, threats or calls for violence can be prosecuted under these laws as both religious-based and ethnicity-based discrimination and hate crimes. Jewish Americans are protected along both dimensions - as a religious group and as an ethnic/ancestral group that has historically faced discrimination."

All from AI Perplexity.

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