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The streets I used to walk on / Are full of broken glass. Thosewords, ripped from the brand new Rolling Stones album, might well be a metaphor for the shit show going on college campuses when it comes to the Israel-Gaza catastrophe. Whichever way one turns, conflict and chaos seem to be trumping civility and consensus. The marketplace of ideas has become a bazaar of pandemonium. Yes, democracy is messy, but how messy can it become until it ceases to be democratic?

The rise of antisemitism

Things appear to be going from bad to worse: Anti-Defamation League Director Jonathan Greenblatt hasnoted that there has been a 388 percent increase in antisemitism in America since Hamas Oct. 7 surprise attack in Israel that killed more than 1,400. Against that backdrop comes a recentop-ed in the Los Angeles Times,one penned by Dean Erwin Chemerinsky:

I was stunned when students across the country, including mine, immediately celebrated the Hamas terrorist attack in Israel on Oct. 7. Students for Justice in Palestine called the terror attack ahistoric winfor the Palestinian resistance. A Columbia professorcalledthe Hamas massacre awesome and a stunning victory. A Yale professortweeted, Its been such an extraordinary day! while calling Israel a murderous, genocidal settler state. A Chicago art professorposteda note reading, Israelis are pigs. Savages. Very very bad people. Irredeemable excrement . . May they all rot in hell. A UC Davis professortweeted, Zionist journalists . . . have houses with addresses, kids in school, adding they can fear their bosses, but they should fear us more. There are, sadly, countless other examples.

While Chemerinsky is careful to avoid calls for censorship, he justifiably feels compelled to call for the very thing that is certain to fan the flames of conflict: There has been enough silence and enough tolerance of antisemitism on college campuses. I call on my fellow university administrators to speak out and denounce the celebrations of Hamas and the blatant antisemitism that is being voiced.

The rise of repression

Of course, there is more to the free speech story. Enter the ACLUsDavid Cole:

In recent weeks, weve seen a surge in efforts to punish and silence students for their speech. The Anti-Defamation League and The Louis D. Brandeis Center for Human Rights Under Law issued an open letter last week calling on university leaders to investigate pro-Palestinian student groups, alleging their speech constitutes material support for terrorism, punishable under federal and state law, despite no evidence to support such claims. That is why the ACLU sent its ownopen letterto the administrative leaders of each states public college system, reaching over 650 colleges and universities, expressing our strong opposition to any efforts to stifle free speech and association on college campuses. The letter unequivocally urges universities to reject calls to investigate, disband, or penalize pro-Palestinian student groups for exercising their free speech rights.

And thenthis from Aaron Terr over at FIRE:

[S]ome reactions to opinions about the latest escalation of the conflict have gone beyond counter-speech:

Truth in the marketplace of candor

Colleges are struggling to balance campus safety for their students and free speech concerns amid the hostile rhetoric around the Israel-Hamas war. The Hill (Oct. 31)

So it has come down to this: Antisemitism continues, chaotic clashes persist, repression endures, and, yes, counter-speech remains when possible. And yet nobody seems quite fine with it. The much-hailed marketplace of ideas has become less of an Enlightenment mechanism than a college combat zone. In the process, minds close while tempers flare. This raises a question: What if more free speech is not the answer or is not a meaningful antidote to the menacing disturbances so rampant on college campuses? What then?

Let us not speak falsely: Does anyone really believe that free speech and open debate in the conflict that has engulfed college campuses will win over many minds or quell near-riotous clashes? While this is not a call for censorship, it is a call for some realist truth in the marketplace of candor.

Related: Josh Blackman What about critical curricula on antisemitism?

Anti-Semitism is as old as civilization itself. It never vanishes. In every generation, anti-semitism simply manifests in different forms.

Virtually every law school has courses of critical racial studies. Query how much of that curriculum focuses on anti-semitism? Every law school has a DEI department. Query how much of that programming focuses on anti-semitism? I suspect the answer to both questions is very little. Indeed, in 2021, Stanford's DEI Department said thequiet part out loud. They do not focus on anti-semitism as not to diminish discussion of anti-black racism. And, anti-semitism is not as important because Jews can hide behind their white privilege.

Related articles

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Without oversimplifying the complexities of free speech law, the book's lively question-and-answer format summarizes this law in an understandable, interesting, and memorable fashion. It addresses the issues in a logical sequence, presenting colorful facts and eloquent language from landmark Supreme Court opinions. It will be illuminating to a wide range of readers, from those who know nothing about free speech law, to those who have studied it but seek a well-organized summary of major doctrinal rules, as well as insights into their background, rationales, and interconnections.

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Does the First Amendment allow a government regulator to threaten regulated entities with adverse regulatory actions if they do business with a controversial speaker, as a consequence of (a) the governments own hostility to the speakers viewpoint or (b) a perceived general backlash against the speakers advocacy?

Professor Eugene Volokh was the counsel of record on thecert. petition.

The Supreme Court handed down some big First Amendment victories last term. What lies ahead for the Court in the upcoming term? FIRE Chief Counsel Robert Corn-Revere and FIRE General Counsel Ronnie London join the show to discuss important First Amendment cases that will be heard during the Court's 2023-24 session.

Related

The Supreme Courtworked hardina pair of argumentson Tuesday to find a clear constitutional line separating elected officials purely private social media accounts from ones that reflect government actions and are subject to the First Amendment. After three hours, though, it was not clear that a majority of the justices had settled on a clear test.

Review granted

Vidal v. Elster

OConnor-Ratcliff v. Garnier

Moody v. NetChoice, LLC/NetChoice, LLC v. Paxton/NetChoice, LLC v. Moody

National Rifle Association of America v. Vullo

Pendingpetitions

Brokamp v. James

Sharpe v. Winterville Police Dept.

Winterville Police Department v. Sharpe

Jarrett v. Service Employees International Union Local 503, et al

Porter v. Board of Trustees of North Carolina State University

Alaska v. Alaska State Employees Association

Speech First, Inc. v. Sands

OHandley v. Weber

Tingley v. Ferguson

State action

Lindke v. Freed

Reviewdenied

Stein v. People for the Ethical Treatment of Animals, Inc., et al.

Blankenship v. NBCUniversal, LLC

Center for Medical Progress v. National Abortion Federation

Frese v. Formella

Mazo v. Way

Free speech related

Miller v. USA(pending) (statutory interpretation of 18 U.S.C.1512(c) advocacy, lobbying and protest in connection with congressional proceedings)

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FAN 399:Whats wrong with First Amendment casebooks? Where to begin?

This article is part ofFirst Amendment News, an editorially independent publication edited by Ronald K. L. Collins and hosted by FIRE as part of our mission to educate the public about First Amendment issues. The opinions expressed are those of the articles author(s) and may not reflect the opinions of FIRE or of Mr. Collins.

See original here:
Chemerinsky: 'I am a 70-year-old Jewish man, but never in my life ... - Foundation for Individual Rights in Education