ALAN DERSHOWITZ: Can Universities Facing Antisemitism Lawsuits Hide Behind The First Amendment?
There are no binding precedents on these complex issues, and the courts will have to balance conflicting rights — to free speech and to a safe environment.
Violence and threats against Jewish students have become so rampant on many American campuses as to create a hostile and unsafe environment. University administrators face difficult challenges — legal, educational, moral and financial — in trying to deal with this growing concern. (RELATED: ALAN DERSHOWITZ: Here’s How Woke DEI Initiatives Fuel Antisemitism On College Campuses)
Recently, the secretary of education, Miguel Cardona, warned schools receiving federal aid that if they are insensitive to antisemitism and Islamophobia on their campus, they could lose federal funding. Harvard, on whose faculty I served for 60 years, is among them, and I am prepared to become a whistleblower and witness against my school.
At the same time, I and other lawyers have been called by numerous parents of Jewish students who are contemplating lawsuits against colleges to which they are paying tuition for their children. They report that Jewish students are experiencing hostile environments and threats to their safety.
They point to events such as that which occurred at Harvard, where a group of anti-Israel students surrounded a Jewish student, harassing him, blocking his exit, and reportedly throwing him to the ground. They cite threats against Jewish fraternity houses, kosher kitchens and other campus institutions frequented by Jewish students.
There are claims of grade discrimination by professors against Israeli students or students who express pro-Israel views. Although Mr. Cardona echoed the Biden administration in joining........
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