Higher Education, Harassment, and First Amendment Opportunism

37 Pages Posted: 25 Mar 2008 Last revised: 1 Apr 2008

Kenneth L. Marcus

The Louis D. Brandeis Center for Human Rights Under Law

Abstract

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.

Keywords: speech, university, anti-Semitism, harassment, First Amendment, Jewish

Suggested Citation

Marcus, Kenneth L., Higher Education, Harassment, and First Amendment Opportunism. William & Mary Bill of Rights Journal, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1112189

Kenneth L. Marcus (Contact Author)

The Louis D. Brandeis Center for Human Rights Under Law ( email )

1776 I Street, N.W., Suite 900
Washington, DC 20006
United States

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