Private university bans Students for Justice in Palestine as Middle East fallout spreads

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1. ACLU: Why We Must Reject Efforts to Restrict Constitutionally Protected Speech on College Campuses

Yes, I acknowledge that Brandeis is a private university.

NEWS & COMMENTARY

Why We Must Reject Efforts to Restrict Constitutionally Protected Speech on College Campuses

Calls to punish and silence student activists betray the Constitution and the spirit of free inquiry that is critical to life at public universities.

David Cole,
ACLU Legal Director
November 2, 2023

The devastating conflict in Israel and Palestine has roiled campuses here at home. College students across the country are exercising their constitutional right to free speech by organizing, protesting, posting, and debating, sometimes resulting in speech that is intemperate, hateful, and abhorrent. We’re also seeing a rise in antisemitic and anti-Arab and Muslim discrimination, with documented threats against Jewish, Palestinian, Muslim, and Middle Eastern and South Asian origin students and faculty alike. These colliding dynamics have left colleges and universities contending with how to manage increased threats, genuine fears, and anguished tensions on their campuses while trying to keep students and faculty safe. We take the weight and complexity of these challenges seriously, and understand that balancing public safety and public debate can feel insurmountable.

But it is precisely in times of heightened crisis and fear that university leaders must remain steadfast in their commitment to free speech, open debate, and peaceful dissent on campus. These principles are the bedrock of academic freedom at all universities. Moreover, the First Amendment requires public universities to protect the right of students and student groups to debate and demonstrate on campus.

In recent weeks, we’ve 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 own open letter to the administrative leaders of each state’s 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.

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