Higher Education, Harassment, and First Amendment Opportunism
Kenneth L. Marcus
The Louis D. Brandeis Center for Human Rights Under Law
William & Mary Bill of Rights Journal, Forthcoming
Much of the rhetoric, and some of the legal argument, surrounding university campus harassment - and especially campus anti-Semitism - consists of First Amendment opportunism. That is to say, it consists of agenda-driven efforts, varying in degree of success, to change the topic from harassment to speech in a context in which the First Amendment is arguably inapplicable. These efforts are fraught with social, political and legal significance, as they mark a struggle to shift the boundaries of constitutional discourse in a way that could increase some protections while decreasing others.
Number of Pages in PDF File: 37
Keywords: speech, university, anti-Semitism, harassment, First Amendment, Jewish
Date posted: March 25, 2008 ; Last revised: April 1, 2008
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