S. Free Expression and Civil Rights on Campus

This seminar examines contemporary issues at the intersection of freedom of expression and civil rights law on campus, with a particular emphasis on antisemitism and anti-Zionism. The seminar begins by analyzing First Amendment protections for free speech and academic freedom at universities, including protection for offensive views, exceptions for threats and harassment, the need for time, place, and manner restrictions, and the jurisdictional scope of these doctrines. The seminar then reviews the history and scope of Title VI, including recent guidance from the Office of Civil Rights about its application to Jewish and Muslim students. To facilitate an assessment of this guidance, the seminar also canvasses the history of antisemitism, Zionism, and anti-Zionism, as well as debates about how to define antisemitism. Along with focusing on what universities should do, this seminar focuses on who should do it, considering nonprofit best practices, as well as the fiduciary obligations of University officers and trustees through a corporate governance lens.