https://www.washingtonpost.com/opinions/2023/12/10/university-pennsylvania-president-magill-resigns-antisemitism-speech/

To fight antisemitism on campuses, we must restrict speech

The testimony of three university presidents before a House committee last week provoked outrage after they suggested that calls on their campuses for Jewish genocide might not have violated their schools’ free speech policies. One of them, Liz Magill, was forced to step down on Saturday as president of the University of Pennsylvania, where I am a faculty member.

But their statements shouldn’t have come as a surprise. Congress could have assembled two dozen university presidents and likely would have received the same answer from each of them.

This is because the value of free speech has been elevated to a near-sacred level on university campuses. As a result, universities have had to tolerate hate speech — even hate speech calling for violence against ethnic or religious minorities. With the dramatic rise in antisemitism, we are discovering that this is a mistake: Antisemitism — and other forms of hate — cannot be fought on university campuses without restricting poisonous speech that targets Jews and other minorities.

University presidents are resisting this conclusion. Rather than confront the conflict between the commitment to free speech and the commitment to eliminating the hostile environment facing Jewish students on campus, many simply affirm their commitment to both or buy time by setting up task forces to study the problem. Some have attempted to split the difference by saying they are institutionally committed to free speech but personally offended by antisemitism. Others have said the answer to hate speech is education and more speech.

Countering speech with more speech might just mean adding to the hateful rhetoric on campus and would not solve the problem. And university presidents can set up all the task forces, study groups and educational modules they like, but what kind of educational effort could possibly bring together warring groups that are busy calling for one another’s violent demise?

In a video message released the day after her testimony, Magill issued an apology in which she suggested that her statements, while legally correct, were insensitive because she was “not focused on” the fact that a call for genocide is “a call for some of the most terrible violence human beings can perpetrate.” While many remained deeply troubled by the insensitivity of her comments, I am most concerned about the legal and policy conclusions Magill endorsed: that speech calling for Jewish genocide does not violate campus policies at the University of Pennsylvania. This is profoundly wrong.

First, Penn, like Harvard and MIT, is a private institution, and as such it is not bound by the First Amendment. In my experience, Penn has never actually followed the First Amendment, even to a close approximation. The same goes for other amendments to the U.S. Constitution. Penn also does not follow the Second Amendment; if it did, our campus would be a war zone, especially given our apparent embrace of hate speech!

Second, even public universities that are bound by the First Amendment are not helpless in the face of hate speech. They do not have to stand idly by and wait for such speech to turn into “conduct.” Public institutions can restrict the “time, place and manner” of demonstrations; they can restrict speech that incites violence, that involves threats of violence against specific individuals or that involves the targeted harassment of members of the community.

Universities also have a duty under Title VI of the Civil Rights Act to ensure that their campuses do not descend into “hostile environments” that effectively exclude students of ethnic, religious or racial minorities from receiving the benefit of educational programs and activities on campus. In fact, Penn has already been sued by two Jewish students, alleging that the university has become an “incubation lab for virulent anti-Jewish hatred, harassment and discrimination.”

That underscores the point: With or without the First Amendment, calls for genocide against Jews — or even proxies for such sentiments, such as calling for intifada against Jews or the elimination of Israel by chanting “from the river to the sea” — are, in the present context, calls for violence against a discrete ethnic or religious group. Such speech arguably incites violence, frequently inspires harassment of Jewish students and, without question, creates a hostile environment that can impair the equal educational opportunities of Jewish students.

Though open expression and academic freedom are critically important values in higher education, there are other values that universities must promote as well. For example: encouraging civil dialogue across differences, cultivating critical listening skills, developing the skills to build community relationships, promoting the ability to engage in moral reflection and building resilience in the face of challenge. These normative skills cannot be taught effectively in an environment where students and faculty are hurling calls at one another for the elimination of ethnic, religious or racial subgroups.

Universities must also consider their obligations to the broader society as they prepare young people to assume responsibilities in public life. What values do university presidents think are most important to prepare leaders in a democracy? The ability to shout intemperate slogans or the ability to engage in reasoned dialogue with people who have moral and political differences? Is it any surprise that students educated in an environment of antisemitism would behave as antisemites in their adult lives?

Like all skills, students will become expert at that which they practice most. Privileging free speech on campus relative to other values emphasizes skills that pose the greatest challenge to our democracy and fails to cultivate the skills democratic societies most need.

The crisis of antisemitism in our universities mirrors the crisis in our democracy. Isn’t it time for university presidents to rethink the role that open expression and academic freedom play in the educational mission of their institutions?

Claire O. Finkelstein is Algernon Biddle professor of law and professor of philosophy at the University of Pennsylvania. She is a member of the school’s Open Expression Committee and chair of the law school’s committee on academic freedom. The views expressed here are the author’s own.

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47154975)

This is because the value of free speech has been elevated to a near-sacred level on university campuses. As a result, universities have had to tolerate hate speech — even hate speech calling for violence against ethnic or religious minorities. With the dramatic rise in antisemitism, we are discovering that this is a mistake

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47154988)

free speech hasn't been elevated to "near-sacred" level on university campuses since??? certainly not the last decade or so when violent protests to keep conservative speakers from speaking on campuses

universities have had to tolerate hate speech? no, universities should have had to tolerate hate speech, but they define it and punish it with political expedience. say the n word? gone. say anything against blacky? gone

universities have to tolerate hate speech calling for violence against ethnic or religious minorities? lol, no. that's not protected speech. no university's speech code would permit that. until 10/7.

"mistake"? mission accomplished.

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155165)

—-

With or without the First Amendment, calls for genocide against Jews — or even proxies for such sentiments, such as calling for intifada against Jews or the elimination of Israel by chanting “from the river to the sea” — are, in the present context, calls for violence against a discrete ethnic or religious group. Such speech arguably incites violence, frequently inspires harassment of Jewish students and, without question, creates a hostile environment that can impair the equal educational opportunities of Jewish students.

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47154998)

When white students standing to sue

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155004)

i now unironically believe that these people should actually all just be killed. they are an existential threat to the human species and can't be allowed to exist. there's no "big brain" way around this - they just have to be eliminated from our universe

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155183)

this is in addition to them blowing apart babies in gaza, which i know you don't care about so we can leave that aside right now.

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155243)

then israel gets pearl harbored and everyone feels bad for hamas

thus proving their point which previously appeared to be bullshit

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155363)

sneak attack on civilians then go and hide behind civilians for the retaliation.

we muth compare cathualties! come on.

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155568)

israel's politicians, afaik, have only spoke about exterminating hamas or are you conceding that there is no difference between hamas and civilians?

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155579)

for some perspective: israel and jews are the ones currently perpetrating a literal genocide of a group of people whose homeland they invaded and who they have been using as slave labor for several decades

and in response to these people fighting back, the response of israel and jews has been...to cry out that white people are responsible for anti-semitic sentiment in western countries, and demanding de jure and de facto restrictions on members of western society *saying words in public* that could be construed as not supporting jews

really, these people are just so absurdly deranged and fundamentally evil, it's not even amusing anymore. they just need to be exterminated. enough. they contribute absolutely nothing to the human race and they're acting as the Great Filter preventing the rest of us from advancing to the next step of biological evolution

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155285)

why haven't muslims come to the aid and protection of the palestinians if this was true? why haven't they provided them with fair wage jobs?

israel is fundamentally evil as you watch videos of hamas raping and torturing israeli women and children with jizz dripping down your right hand

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155367)

what atrocities, if any, do you believe were done by hamas on october 7? which alleged attrocities do you disbelieve?

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155559)

But then israel made all kinds of claims about babies baked in ovens, beheaded, necrophilia, etc etc etc, none of which have been proven. So guess what? They have zero credibility now. None.

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155571)

why are pro palestinian us politicians

ahem democrats

conceding the rapes and outrageous actions by hamas, but then moving on to contextualize it if it were not true? which ones are actually playing this card you are--that it didn't happen and there is no proof?

i am not naturally opposed to what you are saying. i don't trust our media. i don't trust our politicians. but no one, to my knowledge, is effectively making the fight you are. why not? or if some are, who? and please don't refer to hamas press releases.

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155635)

Israel brought this problem on itself by running flame and getting caught.

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155664)

Both sides are running mad propaganda, but at least for one side (Hamas) there are zero repercussions for lying their asses off

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155685)

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47156287)

Normal people do not thing this way, do not say absolutely level 10 insane leftist shit like "i now unironically believe that these people should actually all just be killed. they are an existential threat to the human species and can't be allowed to exist. "

Fucking A you people are fucking idiots.

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155433)

many more people are saying this shit!

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155448)

you have no redeeming value as a life form

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155544)

Look at what they’re doing in the wake of PENN STATE’s president being fired: https://nypost.com/2023/12/10/news/jewish-students-at-upenn-say-magills-resignation-isnt-enough/?utm_campaign=applenews&utm_medium=inline&utm_source=applenews

They’re about to go all in for stifling of speech on campuses

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155533)

IMO, usually when you tell a bunch of angry young people to shut up, they just obediently do it and recognize that you're the big boss and they better listen to you and do whatever you say.

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155599)

Jews, have you ever considered that maybe -- just maybe -- there is no "winning" for you at this point? That no matter what you do, this will only get worse and worse from here on out (meaning more and more people will gradually grow to literally despise you) until eventually it will boil over, and at that point no amount of top down "b-b-but we paid off that politician and we bought that newspaper!" conniving and throwing fake kike money at the problem will be enough to save you from the huge and angry mob of chanting plebes who have gathered outside with pitchforks and want your little rathead on a pike?

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155593)

"Haha yeah, haha"

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155692)

we must create a SAFE SPACE without NYUUG!!!! i def. dont want him reminding me that he fucks my sisters. this is a LAW BOART so why does he even post here!!!!!!!!11111

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155707)

MFCR, gape these ir8 fucktarded Harlemshaketarded gigagay faggetoid cumskin cucks, the blood of Ghenghis Khan flows in your veins and dick my man they are furiously MAF that you stay fucking all the hot white wimmen who crave DAT YELLOW MONSTER my man, oh they mad my man they mad, never change XO and stay mad fuckHarlemtardedshakeskinned cumskins

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155916)

lol you = triggered as fuck

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47156553)

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47155720)

https://www.nytimes.com/2023/12/08/opinion/antisemitism-college-free-speech.html

ok, so, which fork to follow? censor even more? or go back to free speech?

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47157413)

What did Bret Stephens mean by this??

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47161364)

And obviously nobody should be allowed to say things like "boycott Israel." Classic impermissible hate speech.

Similarly, of course nobody defends anyone's right to say things like "Israel is bad/wrong." We must reject antisemitism in all its forms!

And nobody would even attempt to argue it should be acceptable to say things like "Jews control the world." Even the most permissive campus speech policies make clear this hate speech is not acceptable.

Now if you'll excuse me, I have to attend tonight's campus forum entitled "How whites ruined everything and what you can do to stop them" (refreshments provided by Hillel!).

(http://www.autoadmit.com/thread.php?thread_id=5458398&forum_id=2#47161444)