William & Mary Bill of Rights Journal, Forthcoming
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
Accepted Paper Series
Suggested Citation
Marcus, Kenneth L., “Higher Education, Harassment, and First Amendment Opportunism”. William & Mary Bill of Rights Journal, Forthcoming Available at SSRN: http://ssrn.com/abstract=1112189
Contact Information for KENNETH L. MARCUS (Contact Author)
Email address for KENNETH L. MARCUS
CUNY Baruch College School of Public Affairs
One Bernard Baruch Way
New York, NY 10010
United States
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