Higher Education, Harassment, and First Amendment Opportunism

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

See all articles by Kenneth L. Marcus

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

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
241
Abstract Views
1,872
rank
151,179
PlumX Metrics