Higher Education, Harassment, and First Amendment Opportunism

By Kenneth L. Marcus

Institute for Jewish and Community Research, April 2008

The author argues that much of the rhetoric, and some of the legal argument, surrounding university campus harassment - and especially campus antisemitism - 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.

Topic: Antisemitism, Law, Post-Secondary Education, Higher Education, Students, Public Policy

Name of Publication: William and Mary Bill of Rights Journal

Volume/Issue: Vol. 16

Page Number(s): 1-37

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Genre: Scholarly Journal

Coverage: United States

Language: English

Copyright Holder: Publisher

Copyright Information: Download for personal use, freely distribute link

Bibliographic Information:
Marcus, Kenneth L. Higher Education, Harassment, and First Amendment Opportunism. William and Mary Bill of Rights Journal. Institute for Jewish and Community Research. April 2008: 1-37. http://www.bjpa.org/Publications/details.cfm?PublicationID=4656


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