LONG READ
Emily Bazelon and Charles Homans
New York Times
Sun, June 2, 2024
Student protesters gather inside their encampment on the Columbia University campus, on April 29, 2024, in New York. Israeli Prime Minister Benjamin Netanyahu has repeatedly accused critics of Israel or his policies of antisemitism, including the U.S. college campus protests and the prosecutor of the International Criminal Court.
Sun, June 2, 2024
Student protesters gather inside their encampment on the Columbia University campus, on April 29, 2024, in New York. Israeli Prime Minister Benjamin Netanyahu has repeatedly accused critics of Israel or his policies of antisemitism, including the U.S. college campus protests and the prosecutor of the International Criminal Court.
(AP Photo/Stefan Jeremiah, File)
THE WAR AT UNIVERSITIES OVER THE REAL WAR IN GAZA DID SOMETHING NO ISSUE SINCE VIETNAM HAD DONE: A RETHINKING OF THE POWER OF LANGUAGE IN ACADEMIA AND WHO SETS ITS TERMS.
Early on the afternoon of Nov. 10, Jameel Jaffer, the director of the Knight First Amendment Institute at Columbia University, was on his way into a meeting in Low Library, the domed neoclassical building at the center of campus, when an administrator pulled him aside. The school, the administrator said, was about to announce the suspensions of the campus chapters of the organizations Students for Justice in Palestine and Jewish Voice for Peace, an allied anti-Zionist organization — a move that alarmed Jaffer given the fraught politics of the moment
The day after Hamas’s brazen Oct. 7 attack on military and civilian targets in Israel, the S.J.P. and J.V.P. chapters co-signed an open letter declaring “full solidarity with Palestinian resistance.” The letter described the attacks as “an unprecedented historic moment for the Palestinians of Gaza” and a “counteroffensive against their settler-colonial oppressor.” It would be tantamount to “asking for quiet submission to systemic violence” for anyone to call for peace now, after years of Israeli violence and military campaigns against Palestinians. The groups issued a list of demands to the university — divestment from companies doing business with the Israeli government, the end of Columbia’s affiliation with Tel Aviv University and a recognition of Palestinian “existence and humanity” — and announced a demonstration on Oct. 12 on the steps of Low Library. They signed off: “See you Thursday.”
The Oct. 12 demonstration appeared to be in violation of campus rules, which required student groups to give 10 days’ notice for gatherings in public spaces, but Columbia had not been enforcing such requirements amid the emotional responses to the Hamas attacks and Israel’s retaliatory bombing in the Gaza Strip. “We got some pushback from the university,” recalled Cameron Jones, an organizer of the J.V.P. chapter, “but not insane pushback.”
As the sit-ins, teach-ins and die-ins continued, however, that began to change. Pro-Israel groups held counterdemonstrations, and tensions built on Columbia’s small, enclosed central campus. “In the past, demonstrations were basically students protesting against the establishment, and that was, you know, unidirectional and fairly straightforward,” the president of Columbia, Minouche Shafik, said in late May, in her first interview since December. “In this crisis,” she went on, “students are opposed to other students, faculty opposed to other faculty. And those internal dynamics and tensions have made this much more difficult than past episodes.” Outside Columbia’s library, several Israeli students were physically attacked after they confronted another student tearing down posters of Israelis held hostage by Hamas. Students wearing hijabs and kaffiyehs reported being called “Jew killers” and terrorists.
By Oct. 25, when S.J.P. and J.V.P. staged a walkout of college classes, “our relationship with the administration was really crumbling,” Jones recalled. Two days later, Israel’s invasion of Gaza began. On the night of Nov. 8, with another demonstration planned for the next day on the steps outside Low, a faculty adviser told the organizers that they were out of compliance with school rules and asked them to postpone the event. They did not, and the university suspended them.
When Jaffer heard the news, “I said, ‘Suspending the groups seems like a very draconian penalty for that offense,’” he recalled. When the administration in a public statement also cited the groups’ “threatening rhetoric and intimidation,” Jaffer grew more concerned: What speech crossed that line? In an open letter, he asked Columbia for an explanation.
The university didn’t publicly provide one, and the organizations received mixed messages from the administration. In a meeting with the student groups at the end of November, one administrator said that while the groups had not violated speech rules, Israeli students could hear accusations that Israel was committing genocide or was an apartheid state as an incitement to violence. “I left that meeting extremely confused,” said Maryam Alwan, an organizer of the S.J.P. chapter.
Shafik said this month that the suspensions of S.J.P. and J.V.P. were “content neutral” — they were about breaking the rules regarding demonstrations, not political views. Regardless, the university’s decision lit a fuse. In the months that followed, as the invasion of Gaza continued and civilian casualties mounted, dozens of student groups rallied in solidarity with S.J.P. and J.V.P. On April 17, Shafik asked the New York City Police to clear a pro-Palestinian student encampment on the Columbia lawn. That move, which included dozens of arrests, in turn sparked a wave of demonstrations at universities across the country. Columbia protesters rebuilt their encampment and, on the night of April 29, some of them stormed the school’s Hamilton Hall, occupying the building and locking and barricading the doors. At Shafik’s request, a large deployment of police returned to campus the following night, raiding the building and arresting its occupiers.
When private universities set rules for what speech they allow, including when, where and how students can protest, they can impose more restrictions than the First Amendment allows in public spaces. But for decades, they have claimed free speech as a central value, and that promise has a particular history at Columbia. In 1968, the administration called in the police to evict student demonstrators from Hamilton Hall, which they had occupied in protest of the university’s involvement in military research and a new neighborhood-dividing gymnasium project in Morningside Park.
The occupation and its violent end, the images of bloodied students dragged away in handcuffs, was a seminal moment for the Vietnam-era left; the following year, several Columbia demonstrators helped found the Weather Underground, the radical organization that bombed government buildings in the 1970s. The clash also occasioned an on-campus reckoning with long-lasting institutional consequences. The university senate, which includes faculty and students, was given a hand in disciplinary matters to check administrative power — a system the administration bypassed in suspending the pro-Palestinian groups.
For more than half a century now, campus activism and universities’ responses to it have mostly occurred within the paradigm shaped by 1968. Activists have used fights over investments, curriculums and development projects as platforms for radical politics and for a kind of revolutionary experimentation in the form of building occupations and other direct actions. Administrations have more often than not responded tolerantly or at least cautiously, out of a mix of principle and pragmatism. The building occupiers and tent-camp residents may be breaking laws or at least campus policies, but they’re also the university’s consumers.
But the upheavals on campuses across the country this spring were different. The campus war over the real war in Gaza did something no issue since Vietnam had done. It seemed to have prompted an abrupt rethinking of free-speech principles that many in academia assumed to be foundational.
In reality, though, this shift was not so abrupt. It reflected broader changes in the institutional structures and power balances within American universities and disagreements over free speech that have gradually redrawn the battle lines inside and outside academia. That the Israeli-Palestinian conflict would prove the catalyst, too, was not surprising. Few conflicts had so directly centered on the power of language and who sets its terms.
IN 2019, LEE C. Bollinger, Columbia’s president before Shafik, wrote an essay for The Atlantic called “Free Speech on Campus Is Doing Just Fine, Thank You.” The occasion was an executive order President Trump issued that March, proclaiming that colleges and universities that received federal funding were required to “promote free inquiry” — a mostly symbolic measure that reflected several years of alarm on the right over what Fox News and others had declared a “free-speech crisis” on American campuses.
Throughout Trump’s presidency, college activists tried to block various appearances by speakers whose views they found repellent. At Middlebury College, they derailed a talk by the conservative social scientist Charles Murray and at William & Mary shouted down a speaker from the state A.C.L.U. chapter. Schools like the University of California, Berkeley, and Grand Canyon University, a Christian institution in Arizona, disinvited right-wing media figures for fear of demonstrations.
If Columbia managed to steer through this period with a minimum of turbulence, it was in large part thanks to Bollinger, a First Amendment scholar who defended the right of people like Mahmoud Ahmadinejad and Milo Yiannopoulos to speak on campus. “I am of the view that one such disinvitation is one too many,” he wrote in The Atlantic essay, while noting that, in fact, disinvitations had been far rarer than the pundits and politicians suggested. But Bollinger cast the debate over the limits of campus speech as itself a part of the tradition of campus speech, and he concluded that “universities are, today, more hospitable venues for open debate than the nation as a whole.”
Five years later, this picture lay in tatters. Bollinger’s own university — he left office last June — was once again synonymous with building occupations and police crackdowns, and Columbia was facing legal action from both Jewish and Muslim students alleging harassing speech, among other complaints. In an interview in late April, Bollinger, who has not otherwise spoken publicly about the Columbia clashes, said that his own optimism was dimming. “There was a fair consensus that private universities,” he said, like public ones, “should embrace free-speech principles and set an example for the country in how free speech applies to a public forum. And now I think that’s breaking down.”
Other schools were also stumbling. In December, testifying before a House committee hearing on antisemitism on college campuses, three elite-university presidents equivocated when Elise Stefanik, a Republican congresswoman from New York, asked them whether calling for the genocide of Jews would violate the rules on their campuses. One of them, the University of Pennsylvania’s Liz Magill, was out of her job within days; a second, Claudine Gay of Harvard, resigned amid accusations of plagiarism that surfaced amid post-testimony scrutiny.
Shafik, testifying before a similar panel in April, fared better in the hearing room but worse back on campus. Under repeated questioning, she said that she found pro-Palestinian chants like “From the river to the sea” and “Long live intifada” antisemitic but added that “some people don’t.” Columbia also turned over documents to the committee about faculty members accused of antisemitic speech whom Shafik named in her testimony — disclosures the administration says that it was obligated to make but that infuriated professors, hundreds of whom signed open letters declaring it a breach of academic freedom. “She threw some of us under the bus,” said Katherine Franke, a Columbia Law School professor, who was among those criticized in the hearing. “But to me, that’s less important than her inability to make a defense of the university.”
To free-speech advocates, it was ominous that these presidents weren’t arguing for the university as a forum for fostering free speech, however controversial. “That commitment is really at the center of universities’ missions,” Jaffer said. “It is disappointing that so many university leaders failed to make that case.”
In the post-Oct. 7 demonstrations, however, universities confronted a dilemma far more complex than any Bollinger faced during his tenure. The invasion of Gaza has drawn students with a range of views on the Israeli-Palestinian conflict to the protests, but S.J.P. and other groups at the vanguard have been clear on their own lines: They reject the idea of a two-state solution and consider the existence of a Zionist state in Israel to be illegitimate and immoral. This is a change from the early 2000s when Edward Said, the Jerusalem-born literary theorist and pro-Palestinian activist who made Columbia a leading bastion of Palestinian scholarship, championed a two-state outcome. The movement’s politics have hardened, and so have the facts on the ground. Hopes for a two-state solution have receded amid the increasingly extreme politics of Benjamin Netanyahu’s government, including the expansion of Israeli settlements in the West Bank and attacks on Israel by Hamas and Hezbollah.
Historically, when “Zionist” becomes a pejorative, persecution of Jews has followed, and many American Jews see the rise in reported incidents of antisemitism as evidence of this once again. Some protesters crossed the line from rejecting Israel to using antisemitic imagery on posters and making threats. For example, Khymani James, a student leader of the protests at Columbia, said “Zionists don’t deserve to live” in a video of a school disciplinary hearing that he posted on social media. (James later apologized.) Chants like “We don’t want no Zionists here,” which continued at Columbia and elsewhere, made many Jewish students, including critics of Israel’s occupation, feel there was no longer a space for supporting a Jewish homeland in any sense.
But pro-Palestinian activists now often view the rejection of Zionism as an irreducible part of the cause — and are aware of how accusations of antisemitism have been wielded in the past to the detriment of that cause. When Columbia deans called for acknowledging the “genuine hurt” of both sides of the conflict in December, noting some of the language of the protests, Rashid Khalidi, a historian of Palestine at Columbia, accused them of having decided that “the oppressed should take permission from the oppressor as to the means to relieve their oppression.”
The clash over politics and language has created a rare point of real political vulnerability for universities. Several face the threat of House Republican investigations of their federal funding, which at Columbia amounts to $1.2 billion in annual grants and contracts, accounting for 20 percent of its budget. And Republicans, who have long criticized universities as fortresses of liberalism and leftism, now have allies among the many congressional Democrats who remain supportive of Israel, as well as many of the universities’ own donors, administrators and trustees. (Columbia’s board includes only one academic and no Muslims or Arabs other than Shafik.) In May, a bipartisan majority in the House passed the Antisemitism Awareness Act, which would require schools to potentially risk their federal funding if they don’t restrict speech that, for example, denies “the Jewish people their right to self-determination” — a suppression of views that would run headlong into the First Amendment.
Back on campus, the conflict about antisemitism versus anti-Zionism has landed in the middle of a decades-long, unresolved argument over speech itself. Today’s students have grown up with the idea that speech can be restricted if it causes harm — but also believe that restricting their speech can be its own kind of harm. “I can’t think of another case,” says David Pozen, a Columbia law professor, “where a group not only refuses to stop using language it’s told is harassing and intimidating and demeaning but also flips it around to say, ‘Your very demand is a tool of oppression.’”
DEBATES OVER FREE speech on college campuses have invariably been debates about power. This became clear in 1964, when students at the University of California, Berkeley, handed out leaflets organizing demonstrations against the Republican National Convention, held in San Francisco that year. The dean of students barred them from using a campus-owned plaza. Months of protests and hundreds of arrests followed, until the university finally capitulated.
The Berkeley movement proved a useful foil for conservative politicians fighting the early skirmishes of the culture wars — Ronald Reagan successfully ran against it in his 1966 campaign for governor. But the Supreme Court upheld campus speech protections in 1967 and onward. And when a more enduring critique of campus speech emerged years later, it came not from the right, but from the left.
In an influential 1989 law-review article, Mari Matsuda, a law professor at the University of Hawaii and an early critical-race theorist, argued that the significance of speech and its acceptability on a university campus turned on who was speaking and who was being spoken to. Racist speech, in particular, could be more than offensive. When it reflected historic imbalances of power — when a white student hurled a racial slur at a Black student, for instance — it reinforced and perpetuated those imbalances in ways that shut down discussion, debilitating students’ academic lives. That meant that schools should treat it not as a matter of expression but as a real-world harm and sanction it. “Racist speech is particularly harmful because it is a mechanism of subordination,” she wrote.
By the early 1990s, more than 350 colleges and universities had adopted hate-speech codes imposing sanctions on students who demeaned someone’s race, sex or religion. But the codes collided with the First Amendment. Every court that considered a university speech code between 1989 and 1995 reached the same conclusion: The rules were vague, overbroad or discriminated against speakers because of their points of view and were thus unconstitutional.
Many First Amendment scholars agreed. They recognized that hate speech causes real harm but thought that banning it caused its own problems. Geoffrey Stone, a law professor and frequent collaborator of Bollinger’s, led a committee at the University of Chicago that issued a landmark 2015 report on free speech. It proposed “the broadest possible latitude to speak, write, listen, challenge and learn” while allowing for limits on the time, place and manner of protests and on genuine threats and harassment.
The Chicago principles, as they are called, have since been adopted by more than 100 other schools. But this view of free speech never achieved a consensus. Within many humanities departments, Matsuda’s theories have retained currency. Ideas about identity and power have suffused progressive politics more broadly in recent decades. And in the Trump era, incursions of white nationalists and right-wing extremists into the political mainstream caused many liberals to rethink tolerating hate speech. Such speech no longer seemed confined to the far edge of American politics, and the death of a counterdemonstrator at a white nationalist rally in Charlottesville, Va., in 2017 reinforced the argument that hate speech was inherently violent and should be stopped at all costs.
But as progressive students extended this justification to even conventional conservatives and some civil liberties advocates, a more generalized intolerance took hold. In a 2022 survey of college students, the Foundation for Individual Rights and Expression, a civil liberties organization, found that liberal students were far more likely to say that preventing speech through protest was acceptable. Fifty-three percent of students who identified as “very liberal” said it was always or sometimes acceptable to shout down a speaker to block their appearance on campus. Only 13 percent of “very conservative” students did.
THREE AND A half decades ago, when Matsuda first laid out her case for sanctioning hate speech, based on the identity of the speaker, one of the most challenging tests of her framework was Zionism. Were Zionists persecutors, as pro-Palestinian activists contended? Or, given the history of Jewish persecution and the Holocaust, were they victims? Matsuda’s answer, in effect, was: It depends. She rejected the charge that Zionism was, by definition, racism. Zionists would receive a “victim’s privilege,” she said, if they spoke in “reaction to historical persecution” but not if they allied themselves with a dominant group.
Her response captured the duality of modern Jewish identity — vulnerable on a global scale, as only 0.2 percent of the world population and the subject of centuries of prejudice but wielding significant power in some contexts, most obviously the Israeli state. It also showed the difficulty of putting Matsuda’s analytical framework into practice. Doing so depended on a shared understanding of where power lay and who possessed it.
The lack of such a shared understanding is on display in dueling legal complaints Columbia now faces over the campus clashes, from Jewish and Israeli students and their supporters in one case and Palestinian, Muslim and Arab students and their allies in another. Each document incidents of face-to-face harassment, and each claim to be on the wrong side of power or social clout. The Palestinian, Muslim and Arab students say in their legal filing that they were “treated differently by high-ranking administrators,” citing the S.J.P. suspension. Jewish and Israeli students, by contrast, report being excluded from student organizations (an L.G.B.T.Q. group, a dance club, a group representing public-school students at suspension hearings) that either condemned Israel or said Zionists were unwelcome, forcing them to forfeit a core part of their identity to stay in the group.
Both complaints claim Columbia is violating Title VI of the 1964 Civil Rights Act, which requires universities to respond when discriminatory harassment is “so severe or pervasive” that it limits or prevents students from participating in their education. The federal Department of Education has in recent years interpreted the law to apply to religious minorities like Jews and Muslims with “shared ancestry,” and to say that speech is a form of conduct that can violate the law.
The tension with free-speech principles is evident. In mid-December, the dean of U.C. Berkeley School of Law, Erwin Chemerinsky, and the chancellor of U.C. Irvine, Howard Gillman, expressed concern about briefings for universities in which the Department of Education suggested that slogans like “From the river to the sea, Palestine will be free” likely created a hostile environment for Jewish students. “We know that some Muslim, Arab and Palestinian students similarly feel threatened by protesters who chant, ‘We stand with Israel,’” Chemerinksy and Gillman wrote in an essay in The Sacramento Bee. “Do they also require investigations and mitigation efforts?”
The day before Shafik called the police to Columbia for a second time, she issued a public statement suggesting that Title VI was forcing her hand. Calling the encampment a “noisy distraction,” she said it “has created an unwelcoming environment for many of our Jewish students and faculty.”
David Schizer, a former dean of Columbia’s law school and a chairman of the antisemitism task force the university convened in the wake of Oct. 7, said in an email that “after the occupation of Hamilton Hall, the police were preventing trespassing and vandalism, protecting the ability of all students to do their work, sleep and prepare for finals, and were also preventing discriminatory harassment against Jewish and Israeli students.” But Jaffer, the Knight Institute director, took issue with invoking Title VI as a rationale for the police action.
“Of course we want universities to protect students from discrimination,” he said. “But whatever federal anti-discrimination law means, it doesn’t mean universities are obligated to call in hundreds of riot-clad police to suppress mostly peaceful protests.”
IN 2021, SHAFIK wrote a book called “What We Owe Each Other: A New Social Contract for a Better Society.” Before Oct. 7, she said, she hoped that her presidency might be dedicated to a similar theme, of strengthening the frayed social contract between universities and the country and within their own on-campus communities. That was still the challenge ahead, she believed. “I think we’re all thinking very hard,” she said, “about, you know, what we’ve learned.”
While the school’s board remains behind Shafik, on May 16 members of the Faculty of Arts and Sciences, which among the school’s professors had been the most vocal in their criticism of her, passed a resolution of no confidence in the president by a margin of 65 percent to 29 percent. In an email to her colleagues, Virginia Page Fortna, a political-science professor, pointedly noted the title of Shafik’s book. “If we are to heal,” she wrote, “then Shafik owes Columbia: an apology, a strong and credible commitment to completely change course in how decisions are made, and an independent investigation of what has gone wrong.”
At the same time, few schools could credibly claim to have gotten things right in April. Institutions across the country, from large state schools to small liberal-arts colleges, struggled as the protests escalated, crossing into the terrain of encampments and building occupations, which aren’t protected by the First Amendment. Some schools that permitted encampments for a time also wound up in crisis. At the University of California, Los Angeles, on April 30, pro-Israel counterprotesters violently attacked a pro-Palestinian encampment while the campus police force mostly stood by. Even at the University of Chicago, the administration’s decision to tolerate an encampment ended when negotiations with the demonstrators broke down and the president called in police in riot gear. The several schools that did persuade students to end their encampments mostly did so by promising to consider divestment in Israel at a later date, punting on rather than resolving the underlying issue.
In the logic of protest politics, police crackdowns and the attention they generate are their own kind of victory. The campus clashes forced the war in Gaza into the center of American public life in a way that seven months of headlines about Israeli bombing campaigns, aid-shipment blockades and thousands of Palestinian civilian deaths did not. They drew attention to American dissent over the war and the United States government’s role in supporting it. Khalidi, the Columbia historian, speaks of the campus clashes as a turning point for younger Americans. “The protests have highlighted the fact that majorities of Americans oppose Israel’s war on Gaza and the Biden administration’s support of it, a fact that elites, politicians and the mainstream media systematically ignore,” he wrote in an email.
Universities now face the challenge of rebuilding their communities even as the debate over speech limits that divided them, to say nothing of the war in Gaza itself, remains unsettled — and the incentives of some interested parties, like congressional Republicans and pro-Palestinian organizers, seem to run in the opposite direction. The most realistic aspiration, perhaps, is that many students will tire of division and police deployments and make a path toward recovering a sense of empathy for one another — taking a step back and seeing their own political positions, however irreconcilable, as others might see them.
Matsuda, who did as much as anyone to shape the interpretation of language through the prism of power, had been thinking, too. “I don’t want anyone to feel uncomfortable on campus,” she said. “But stopping a protest movement, I don’t think it’s the way to make Zionist students feel comfortable.” At the same time, “it’s also really important for universities to help students move beyond slogans and see what might be hurtful or impactful about them,” she said.
At the height of the spring conflict, there were signs this was possible. At some schools, pro-Palestinian protesters modulated their own speech in deference to the requests of other students, even avoiding the common chant, “From the river to the sea,” which others have defended as peaceful. The protesters who made these choices didn’t do so because of a law or rule. They were sensitive to the nudge of peer relationships and social norms.
Bringing students together to hash out community standards about language is “the only way I can think of for there to be a set of norms about what speech goes too far that students on all sides would accept as legitimate,” David Pozen, the Columbia law professor, said. He felt the tumult of this spring, which at Columbia resulted in early student departures and scrambled graduation plans, aggravated and exhausted many students who did not themselves participate in the demonstrations and counterdemonstrations. “Students are feeling anguished and alienated, and maybe that’s an opening,” Pozen said.
Clémence Boulouque, a religion professor who serves on the university’s antisemitism task force, hoped Columbia could recover a sense of itself as a “place where people can coexist” and where mediation and discussion might forestall endless grievance and grief. If the divisions opened up by the protests were litigated in an endless back-and-forth of Title VI complaints, fought in the zero-sum realm of the law, then the school would fail at one of the oldest concepts in education: the moral development of its students. “Denying the pain of others, it’s not a great way of conflict resolution,” she said. “It’s also self-inflicted moral injury.”
On one level, this focus on de-escalation avoided the deep unresolved disagreements over where the political ended and the personal began. On another, it was its own kind of blunt realism. “We have to heal together and live together,” Boulouque said. “It’s just like Israel-Palestine. Nobody’s going anywhere.”
THE WAR AT UNIVERSITIES OVER THE REAL WAR IN GAZA DID SOMETHING NO ISSUE SINCE VIETNAM HAD DONE: A RETHINKING OF THE POWER OF LANGUAGE IN ACADEMIA AND WHO SETS ITS TERMS.
Early on the afternoon of Nov. 10, Jameel Jaffer, the director of the Knight First Amendment Institute at Columbia University, was on his way into a meeting in Low Library, the domed neoclassical building at the center of campus, when an administrator pulled him aside. The school, the administrator said, was about to announce the suspensions of the campus chapters of the organizations Students for Justice in Palestine and Jewish Voice for Peace, an allied anti-Zionist organization — a move that alarmed Jaffer given the fraught politics of the moment.
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The day after Hamas’s brazen Oct. 7 attack on military and civilian targets in Israel, the S.J.P. and J.V.P. chapters co-signed an open letter declaring “full solidarity with Palestinian resistance.” The letter described the attacks as “an unprecedented historic moment for the Palestinians of Gaza” and a “counteroffensive against their settler-colonial oppressor.” It would be tantamount to “asking for quiet submission to systemic violence” for anyone to call for peace now, after years of Israeli violence and military campaigns against Palestinians. The groups issued a list of demands to the university — divestment from companies doing business with the Israeli government, the end of Columbia’s affiliation with Tel Aviv University and a recognition of Palestinian “existence and humanity” — and announced a demonstration on Oct. 12 on the steps of Low Library. They signed off: “See you Thursday.”
The Oct. 12 demonstration appeared to be in violation of campus rules, which required student groups to give 10 days’ notice for gatherings in public spaces, but Columbia had not been enforcing such requirements amid the emotional responses to the Hamas attacks and Israel’s retaliatory bombing in the Gaza Strip. “We got some pushback from the university,” recalled Cameron Jones, an organizer of the J.V.P. chapter, “but not insane pushback.”
As the sit-ins, teach-ins and die-ins continued, however, that began to change. Pro-Israel groups held counterdemonstrations, and tensions built on Columbia’s small, enclosed central campus. “In the past, demonstrations were basically students protesting against the establishment, and that was, you know, unidirectional and fairly straightforward,” the president of Columbia, Minouche Shafik, said in late May, in her first interview since December. “In this crisis,” she went on, “students are opposed to other students, faculty opposed to other faculty. And those internal dynamics and tensions have made this much more difficult than past episodes.” Outside Columbia’s library, several Israeli students were physically attacked after they confronted another student tearing down posters of Israelis held hostage by Hamas. Students wearing hijabs and kaffiyehs reported being called “Jew killers” and terrorists.
By Oct. 25, when S.J.P. and J.V.P. staged a walkout of college classes, “our relationship with the administration was really crumbling,” Jones recalled. Two days later, Israel’s invasion of Gaza began. On the night of Nov. 8, with another demonstration planned for the next day on the steps outside Low, a faculty adviser told the organizers that they were out of compliance with school rules and asked them to postpone the event. They did not, and the university suspended them.
When Jaffer heard the news, “I said, ‘Suspending the groups seems like a very draconian penalty for that offense,’” he recalled. When the administration in a public statement also cited the groups’ “threatening rhetoric and intimidation,” Jaffer grew more concerned: What speech crossed that line? In an open letter, he asked Columbia for an explanation.
The university didn’t publicly provide one, and the organizations received mixed messages from the administration. In a meeting with the student groups at the end of November, one administrator said that while the groups had not violated speech rules, Israeli students could hear accusations that Israel was committing genocide or was an apartheid state as an incitement to violence. “I left that meeting extremely confused,” said Maryam Alwan, an organizer of the S.J.P. chapter.
Shafik said this month that the suspensions of S.J.P. and J.V.P. were “content neutral” — they were about breaking the rules regarding demonstrations, not political views. Regardless, the university’s decision lit a fuse. In the months that followed, as the invasion of Gaza continued and civilian casualties mounted, dozens of student groups rallied in solidarity with S.J.P. and J.V.P. On April 17, Shafik asked the New York City Police to clear a pro-Palestinian student encampment on the Columbia lawn. That move, which included dozens of arrests, in turn sparked a wave of demonstrations at universities across the country. Columbia protesters rebuilt their encampment and, on the night of April 29, some of them stormed the school’s Hamilton Hall, occupying the building and locking and barricading the doors. At Shafik’s request, a large deployment of police returned to campus the following night, raiding the building and arresting its occupiers.
When private universities set rules for what speech they allow, including when, where and how students can protest, they can impose more restrictions than the First Amendment allows in public spaces. But for decades, they have claimed free speech as a central value, and that promise has a particular history at Columbia. In 1968, the administration called in the police to evict student demonstrators from Hamilton Hall, which they had occupied in protest of the university’s involvement in military research and a new neighborhood-dividing gymnasium project in Morningside Park.
The occupation and its violent end, the images of bloodied students dragged away in handcuffs, was a seminal moment for the Vietnam-era left; the following year, several Columbia demonstrators helped found the Weather Underground, the radical organization that bombed government buildings in the 1970s. The clash also occasioned an on-campus reckoning with long-lasting institutional consequences. The university senate, which includes faculty and students, was given a hand in disciplinary matters to check administrative power — a system the administration bypassed in suspending the pro-Palestinian groups.
For more than half a century now, campus activism and universities’ responses to it have mostly occurred within the paradigm shaped by 1968. Activists have used fights over investments, curriculums and development projects as platforms for radical politics and for a kind of revolutionary experimentation in the form of building occupations and other direct actions. Administrations have more often than not responded tolerantly or at least cautiously, out of a mix of principle and pragmatism. The building occupiers and tent-camp residents may be breaking laws or at least campus policies, but they’re also the university’s consumers.
But the upheavals on campuses across the country this spring were different. The campus war over the real war in Gaza did something no issue since Vietnam had done. It seemed to have prompted an abrupt rethinking of free-speech principles that many in academia assumed to be foundational.
In reality, though, this shift was not so abrupt. It reflected broader changes in the institutional structures and power balances within American universities and disagreements over free speech that have gradually redrawn the battle lines inside and outside academia. That the Israeli-Palestinian conflict would prove the catalyst, too, was not surprising. Few conflicts had so directly centered on the power of language and who sets its terms.
IN 2019, LEE C. Bollinger, Columbia’s president before Shafik, wrote an essay for The Atlantic called “Free Speech on Campus Is Doing Just Fine, Thank You.” The occasion was an executive order President Trump issued that March, proclaiming that colleges and universities that received federal funding were required to “promote free inquiry” — a mostly symbolic measure that reflected several years of alarm on the right over what Fox News and others had declared a “free-speech crisis” on American campuses.
Throughout Trump’s presidency, college activists tried to block various appearances by speakers whose views they found repellent. At Middlebury College, they derailed a talk by the conservative social scientist Charles Murray and at William & Mary shouted down a speaker from the state A.C.L.U. chapter. Schools like the University of California, Berkeley, and Grand Canyon University, a Christian institution in Arizona, disinvited right-wing media figures for fear of demonstrations.
If Columbia managed to steer through this period with a minimum of turbulence, it was in large part thanks to Bollinger, a First Amendment scholar who defended the right of people like Mahmoud Ahmadinejad and Milo Yiannopoulos to speak on campus. “I am of the view that one such disinvitation is one too many,” he wrote in The Atlantic essay, while noting that, in fact, disinvitations had been far rarer than the pundits and politicians suggested. But Bollinger cast the debate over the limits of campus speech as itself a part of the tradition of campus speech, and he concluded that “universities are, today, more hospitable venues for open debate than the nation as a whole.”
Five years later, this picture lay in tatters. Bollinger’s own university — he left office last June — was once again synonymous with building occupations and police crackdowns, and Columbia was facing legal action from both Jewish and Muslim students alleging harassing speech, among other complaints. In an interview in late April, Bollinger, who has not otherwise spoken publicly about the Columbia clashes, said that his own optimism was dimming. “There was a fair consensus that private universities,” he said, like public ones, “should embrace free-speech principles and set an example for the country in how free speech applies to a public forum. And now I think that’s breaking down.”
Other schools were also stumbling. In December, testifying before a House committee hearing on antisemitism on college campuses, three elite-university presidents equivocated when Elise Stefanik, a Republican congresswoman from New York, asked them whether calling for the genocide of Jews would violate the rules on their campuses. One of them, the University of Pennsylvania’s Liz Magill, was out of her job within days; a second, Claudine Gay of Harvard, resigned amid accusations of plagiarism that surfaced amid post-testimony scrutiny.
Shafik, testifying before a similar panel in April, fared better in the hearing room but worse back on campus. Under repeated questioning, she said that she found pro-Palestinian chants like “From the river to the sea” and “Long live intifada” antisemitic but added that “some people don’t.” Columbia also turned over documents to the committee about faculty members accused of antisemitic speech whom Shafik named in her testimony — disclosures the administration says that it was obligated to make but that infuriated professors, hundreds of whom signed open letters declaring it a breach of academic freedom. “She threw some of us under the bus,” said Katherine Franke, a Columbia Law School professor, who was among those criticized in the hearing. “But to me, that’s less important than her inability to make a defense of the university.”
To free-speech advocates, it was ominous that these presidents weren’t arguing for the university as a forum for fostering free speech, however controversial. “That commitment is really at the center of universities’ missions,” Jaffer said. “It is disappointing that so many university leaders failed to make that case.”
In the post-Oct. 7 demonstrations, however, universities confronted a dilemma far more complex than any Bollinger faced during his tenure. The invasion of Gaza has drawn students with a range of views on the Israeli-Palestinian conflict to the protests, but S.J.P. and other groups at the vanguard have been clear on their own lines: They reject the idea of a two-state solution and consider the existence of a Zionist state in Israel to be illegitimate and immoral. This is a change from the early 2000s when Edward Said, the Jerusalem-born literary theorist and pro-Palestinian activist who made Columbia a leading bastion of Palestinian scholarship, championed a two-state outcome. The movement’s politics have hardened, and so have the facts on the ground. Hopes for a two-state solution have receded amid the increasingly extreme politics of Benjamin Netanyahu’s government, including the expansion of Israeli settlements in the West Bank and attacks on Israel by Hamas and Hezbollah.
Historically, when “Zionist” becomes a pejorative, persecution of Jews has followed, and many American Jews see the rise in reported incidents of antisemitism as evidence of this once again. Some protesters crossed the line from rejecting Israel to using antisemitic imagery on posters and making threats. For example, Khymani James, a student leader of the protests at Columbia, said “Zionists don’t deserve to live” in a video of a school disciplinary hearing that he posted on social media. (James later apologized.) Chants like “We don’t want no Zionists here,” which continued at Columbia and elsewhere, made many Jewish students, including critics of Israel’s occupation, feel there was no longer a space for supporting a Jewish homeland in any sense.
But pro-Palestinian activists now often view the rejection of Zionism as an irreducible part of the cause — and are aware of how accusations of antisemitism have been wielded in the past to the detriment of that cause. When Columbia deans called for acknowledging the “genuine hurt” of both sides of the conflict in December, noting some of the language of the protests, Rashid Khalidi, a historian of Palestine at Columbia, accused them of having decided that “the oppressed should take permission from the oppressor as to the means to relieve their oppression.”
The clash over politics and language has created a rare point of real political vulnerability for universities. Several face the threat of House Republican investigations of their federal funding, which at Columbia amounts to $1.2 billion in annual grants and contracts, accounting for 20 percent of its budget. And Republicans, who have long criticized universities as fortresses of liberalism and leftism, now have allies among the many congressional Democrats who remain supportive of Israel, as well as many of the universities’ own donors, administrators and trustees. (Columbia’s board includes only one academic and no Muslims or Arabs other than Shafik.) In May, a bipartisan majority in the House passed the Antisemitism Awareness Act, which would require schools to potentially risk their federal funding if they don’t restrict speech that, for example, denies “the Jewish people their right to self-determination” — a suppression of views that would run headlong into the First Amendment.
Back on campus, the conflict about antisemitism versus anti-Zionism has landed in the middle of a decades-long, unresolved argument over speech itself. Today’s students have grown up with the idea that speech can be restricted if it causes harm — but also believe that restricting their speech can be its own kind of harm. “I can’t think of another case,” says David Pozen, a Columbia law professor, “where a group not only refuses to stop using language it’s told is harassing and intimidating and demeaning but also flips it around to say, ‘Your very demand is a tool of oppression.’”
DEBATES OVER FREE speech on college campuses have invariably been debates about power. This became clear in 1964, when students at the University of California, Berkeley, handed out leaflets organizing demonstrations against the Republican National Convention, held in San Francisco that year. The dean of students barred them from using a campus-owned plaza. Months of protests and hundreds of arrests followed, until the university finally capitulated.
The Berkeley movement proved a useful foil for conservative politicians fighting the early skirmishes of the culture wars — Ronald Reagan successfully ran against it in his 1966 campaign for governor. But the Supreme Court upheld campus speech protections in 1967 and onward. And when a more enduring critique of campus speech emerged years later, it came not from the right, but from the left.
In an influential 1989 law-review article, Mari Matsuda, a law professor at the University of Hawaii and an early critical-race theorist, argued that the significance of speech and its acceptability on a university campus turned on who was speaking and who was being spoken to. Racist speech, in particular, could be more than offensive. When it reflected historic imbalances of power — when a white student hurled a racial slur at a Black student, for instance — it reinforced and perpetuated those imbalances in ways that shut down discussion, debilitating students’ academic lives. That meant that schools should treat it not as a matter of expression but as a real-world harm and sanction it. “Racist speech is particularly harmful because it is a mechanism of subordination,” she wrote.
By the early 1990s, more than 350 colleges and universities had adopted hate-speech codes imposing sanctions on students who demeaned someone’s race, sex or religion. But the codes collided with the First Amendment. Every court that considered a university speech code between 1989 and 1995 reached the same conclusion: The rules were vague, overbroad or discriminated against speakers because of their points of view and were thus unconstitutional.
Many First Amendment scholars agreed. They recognized that hate speech causes real harm but thought that banning it caused its own problems. Geoffrey Stone, a law professor and frequent collaborator of Bollinger’s, led a committee at the University of Chicago that issued a landmark 2015 report on free speech. It proposed “the broadest possible latitude to speak, write, listen, challenge and learn” while allowing for limits on the time, place and manner of protests and on genuine threats and harassment.
The Chicago principles, as they are called, have since been adopted by more than 100 other schools. But this view of free speech never achieved a consensus. Within many humanities departments, Matsuda’s theories have retained currency. Ideas about identity and power have suffused progressive politics more broadly in recent decades. And in the Trump era, incursions of white nationalists and right-wing extremists into the political mainstream caused many liberals to rethink tolerating hate speech. Such speech no longer seemed confined to the far edge of American politics, and the death of a counterdemonstrator at a white nationalist rally in Charlottesville, Va., in 2017 reinforced the argument that hate speech was inherently violent and should be stopped at all costs.
But as progressive students extended this justification to even conventional conservatives and some civil liberties advocates, a more generalized intolerance took hold. In a 2022 survey of college students, the Foundation for Individual Rights and Expression, a civil liberties organization, found that liberal students were far more likely to say that preventing speech through protest was acceptable. Fifty-three percent of students who identified as “very liberal” said it was always or sometimes acceptable to shout down a speaker to block their appearance on campus. Only 13 percent of “very conservative” students did.
THREE AND A half decades ago, when Matsuda first laid out her case for sanctioning hate speech, based on the identity of the speaker, one of the most challenging tests of her framework was Zionism. Were Zionists persecutors, as pro-Palestinian activists contended? Or, given the history of Jewish persecution and the Holocaust, were they victims? Matsuda’s answer, in effect, was: It depends. She rejected the charge that Zionism was, by definition, racism. Zionists would receive a “victim’s privilege,” she said, if they spoke in “reaction to historical persecution” but not if they allied themselves with a dominant group.
Her response captured the duality of modern Jewish identity — vulnerable on a global scale, as only 0.2 percent of the world population and the subject of centuries of prejudice but wielding significant power in some contexts, most obviously the Israeli state. It also showed the difficulty of putting Matsuda’s analytical framework into practice. Doing so depended on a shared understanding of where power lay and who possessed it.
The lack of such a shared understanding is on display in dueling legal complaints Columbia now faces over the campus clashes, from Jewish and Israeli students and their supporters in one case and Palestinian, Muslim and Arab students and their allies in another. Each document incidents of face-to-face harassment, and each claim to be on the wrong side of power or social clout. The Palestinian, Muslim and Arab students say in their legal filing that they were “treated differently by high-ranking administrators,” citing the S.J.P. suspension. Jewish and Israeli students, by contrast, report being excluded from student organizations (an L.G.B.T.Q. group, a dance club, a group representing public-school students at suspension hearings) that either condemned Israel or said Zionists were unwelcome, forcing them to forfeit a core part of their identity to stay in the group.
Both complaints claim Columbia is violating Title VI of the 1964 Civil Rights Act, which requires universities to respond when discriminatory harassment is “so severe or pervasive” that it limits or prevents students from participating in their education. The federal Department of Education has in recent years interpreted the law to apply to religious minorities like Jews and Muslims with “shared ancestry,” and to say that speech is a form of conduct that can violate the law.
The tension with free-speech principles is evident. In mid-December, the dean of U.C. Berkeley School of Law, Erwin Chemerinsky, and the chancellor of U.C. Irvine, Howard Gillman, expressed concern about briefings for universities in which the Department of Education suggested that slogans like “From the river to the sea, Palestine will be free” likely created a hostile environment for Jewish students. “We know that some Muslim, Arab and Palestinian students similarly feel threatened by protesters who chant, ‘We stand with Israel,’” Chemerinksy and Gillman wrote in an essay in The Sacramento Bee. “Do they also require investigations and mitigation efforts?”
The day before Shafik called the police to Columbia for a second time, she issued a public statement suggesting that Title VI was forcing her hand. Calling the encampment a “noisy distraction,” she said it “has created an unwelcoming environment for many of our Jewish students and faculty.”
David Schizer, a former dean of Columbia’s law school and a chairman of the antisemitism task force the university convened in the wake of Oct. 7, said in an email that “after the occupation of Hamilton Hall, the police were preventing trespassing and vandalism, protecting the ability of all students to do their work, sleep and prepare for finals, and were also preventing discriminatory harassment against Jewish and Israeli students.” But Jaffer, the Knight Institute director, took issue with invoking Title VI as a rationale for the police action.
“Of course we want universities to protect students from discrimination,” he said. “But whatever federal anti-discrimination law means, it doesn’t mean universities are obligated to call in hundreds of riot-clad police to suppress mostly peaceful protests.”
IN 2021, SHAFIK wrote a book called “What We Owe Each Other: A New Social Contract for a Better Society.” Before Oct. 7, she said, she hoped that her presidency might be dedicated to a similar theme, of strengthening the frayed social contract between universities and the country and within their own on-campus communities. That was still the challenge ahead, she believed. “I think we’re all thinking very hard,” she said, “about, you know, what we’ve learned.”
While the school’s board remains behind Shafik, on May 16 members of the Faculty of Arts and Sciences, which among the school’s professors had been the most vocal in their criticism of her, passed a resolution of no confidence in the president by a margin of 65 percent to 29 percent. In an email to her colleagues, Virginia Page Fortna, a political-science professor, pointedly noted the title of Shafik’s book. “If we are to heal,” she wrote, “then Shafik owes Columbia: an apology, a strong and credible commitment to completely change course in how decisions are made, and an independent investigation of what has gone wrong.”
At the same time, few schools could credibly claim to have gotten things right in April. Institutions across the country, from large state schools to small liberal-arts colleges, struggled as the protests escalated, crossing into the terrain of encampments and building occupations, which aren’t protected by the First Amendment. Some schools that permitted encampments for a time also wound up in crisis. At the University of California, Los Angeles, on April 30, pro-Israel counterprotesters violently attacked a pro-Palestinian encampment while the campus police force mostly stood by. Even at the University of Chicago, the administration’s decision to tolerate an encampment ended when negotiations with the demonstrators broke down and the president called in police in riot gear. The several schools that did persuade students to end their encampments mostly did so by promising to consider divestment in Israel at a later date, punting on rather than resolving the underlying issue.
In the logic of protest politics, police crackdowns and the attention they generate are their own kind of victory. The campus clashes forced the war in Gaza into the center of American public life in a way that seven months of headlines about Israeli bombing campaigns, aid-shipment blockades and thousands of Palestinian civilian deaths did not. They drew attention to American dissent over the war and the United States government’s role in supporting it. Khalidi, the Columbia historian, speaks of the campus clashes as a turning point for younger Americans. “The protests have highlighted the fact that majorities of Americans oppose Israel’s war on Gaza and the Biden administration’s support of it, a fact that elites, politicians and the mainstream media systematically ignore,” he wrote in an email.
Universities now face the challenge of rebuilding their communities even as the debate over speech limits that divided them, to say nothing of the war in Gaza itself, remains unsettled — and the incentives of some interested parties, like congressional Republicans and pro-Palestinian organizers, seem to run in the opposite direction. The most realistic aspiration, perhaps, is that many students will tire of division and police deployments and make a path toward recovering a sense of empathy for one another — taking a step back and seeing their own political positions, however irreconcilable, as others might see them.
Matsuda, who did as much as anyone to shape the interpretation of language through the prism of power, had been thinking, too. “I don’t want anyone to feel uncomfortable on campus,” she said. “But stopping a protest movement, I don’t think it’s the way to make Zionist students feel comfortable.” At the same time, “it’s also really important for universities to help students move beyond slogans and see what might be hurtful or impactful about them,” she said.
At the height of the spring conflict, there were signs this was possible. At some schools, pro-Palestinian protesters modulated their own speech in deference to the requests of other students, even avoiding the common chant, “From the river to the sea,” which others have defended as peaceful. The protesters who made these choices didn’t do so because of a law or rule. They were sensitive to the nudge of peer relationships and social norms.
Bringing students together to hash out community standards about language is “the only way I can think of for there to be a set of norms about what speech goes too far that students on all sides would accept as legitimate,” David Pozen, the Columbia law professor, said. He felt the tumult of this spring, which at Columbia resulted in early student departures and scrambled graduation plans, aggravated and exhausted many students who did not themselves participate in the demonstrations and counterdemonstrations. “Students are feeling anguished and alienated, and maybe that’s an opening,” Pozen said.
Clémence Boulouque, a religion professor who serves on the university’s antisemitism task force, hoped Columbia could recover a sense of itself as a “place where people can coexist” and where mediation and discussion might forestall endless grievance and grief. If the divisions opened up by the protests were litigated in an endless back-and-forth of Title VI complaints, fought in the zero-sum realm of the law, then the school would fail at one of the oldest concepts in education: the moral development of its students. “Denying the pain of others, it’s not a great way of conflict resolution,” she said. “It’s also self-inflicted moral injury.”
On one level, this focus on de-escalation avoided the deep unresolved disagreements over where the political ended and the personal began. On another, it was its own kind of blunt realism. “We have to heal together and live together,” Boulouque said. “It’s just like Israel-Palestine. Nobody’s going anywhere.”
c.2024 The New York Times Company
THE WAR AT UNIVERSITIES OVER THE REAL WAR IN GAZA DID SOMETHING NO ISSUE SINCE VIETNAM HAD DONE: A RETHINKING OF THE POWER OF LANGUAGE IN ACADEMIA AND WHO SETS ITS TERMS.
Early on the afternoon of Nov. 10, Jameel Jaffer, the director of the Knight First Amendment Institute at Columbia University, was on his way into a meeting in Low Library, the domed neoclassical building at the center of campus, when an administrator pulled him aside. The school, the administrator said, was about to announce the suspensions of the campus chapters of the organizations Students for Justice in Palestine and Jewish Voice for Peace, an allied anti-Zionist organization — a move that alarmed Jaffer given the fraught politics of the moment
The day after Hamas’s brazen Oct. 7 attack on military and civilian targets in Israel, the S.J.P. and J.V.P. chapters co-signed an open letter declaring “full solidarity with Palestinian resistance.” The letter described the attacks as “an unprecedented historic moment for the Palestinians of Gaza” and a “counteroffensive against their settler-colonial oppressor.” It would be tantamount to “asking for quiet submission to systemic violence” for anyone to call for peace now, after years of Israeli violence and military campaigns against Palestinians. The groups issued a list of demands to the university — divestment from companies doing business with the Israeli government, the end of Columbia’s affiliation with Tel Aviv University and a recognition of Palestinian “existence and humanity” — and announced a demonstration on Oct. 12 on the steps of Low Library. They signed off: “See you Thursday.”
The Oct. 12 demonstration appeared to be in violation of campus rules, which required student groups to give 10 days’ notice for gatherings in public spaces, but Columbia had not been enforcing such requirements amid the emotional responses to the Hamas attacks and Israel’s retaliatory bombing in the Gaza Strip. “We got some pushback from the university,” recalled Cameron Jones, an organizer of the J.V.P. chapter, “but not insane pushback.”
As the sit-ins, teach-ins and die-ins continued, however, that began to change. Pro-Israel groups held counterdemonstrations, and tensions built on Columbia’s small, enclosed central campus. “In the past, demonstrations were basically students protesting against the establishment, and that was, you know, unidirectional and fairly straightforward,” the president of Columbia, Minouche Shafik, said in late May, in her first interview since December. “In this crisis,” she went on, “students are opposed to other students, faculty opposed to other faculty. And those internal dynamics and tensions have made this much more difficult than past episodes.” Outside Columbia’s library, several Israeli students were physically attacked after they confronted another student tearing down posters of Israelis held hostage by Hamas. Students wearing hijabs and kaffiyehs reported being called “Jew killers” and terrorists.
By Oct. 25, when S.J.P. and J.V.P. staged a walkout of college classes, “our relationship with the administration was really crumbling,” Jones recalled. Two days later, Israel’s invasion of Gaza began. On the night of Nov. 8, with another demonstration planned for the next day on the steps outside Low, a faculty adviser told the organizers that they were out of compliance with school rules and asked them to postpone the event. They did not, and the university suspended them.
When Jaffer heard the news, “I said, ‘Suspending the groups seems like a very draconian penalty for that offense,’” he recalled. When the administration in a public statement also cited the groups’ “threatening rhetoric and intimidation,” Jaffer grew more concerned: What speech crossed that line? In an open letter, he asked Columbia for an explanation.
The university didn’t publicly provide one, and the organizations received mixed messages from the administration. In a meeting with the student groups at the end of November, one administrator said that while the groups had not violated speech rules, Israeli students could hear accusations that Israel was committing genocide or was an apartheid state as an incitement to violence. “I left that meeting extremely confused,” said Maryam Alwan, an organizer of the S.J.P. chapter.
Shafik said this month that the suspensions of S.J.P. and J.V.P. were “content neutral” — they were about breaking the rules regarding demonstrations, not political views. Regardless, the university’s decision lit a fuse. In the months that followed, as the invasion of Gaza continued and civilian casualties mounted, dozens of student groups rallied in solidarity with S.J.P. and J.V.P. On April 17, Shafik asked the New York City Police to clear a pro-Palestinian student encampment on the Columbia lawn. That move, which included dozens of arrests, in turn sparked a wave of demonstrations at universities across the country. Columbia protesters rebuilt their encampment and, on the night of April 29, some of them stormed the school’s Hamilton Hall, occupying the building and locking and barricading the doors. At Shafik’s request, a large deployment of police returned to campus the following night, raiding the building and arresting its occupiers.
When private universities set rules for what speech they allow, including when, where and how students can protest, they can impose more restrictions than the First Amendment allows in public spaces. But for decades, they have claimed free speech as a central value, and that promise has a particular history at Columbia. In 1968, the administration called in the police to evict student demonstrators from Hamilton Hall, which they had occupied in protest of the university’s involvement in military research and a new neighborhood-dividing gymnasium project in Morningside Park.
The occupation and its violent end, the images of bloodied students dragged away in handcuffs, was a seminal moment for the Vietnam-era left; the following year, several Columbia demonstrators helped found the Weather Underground, the radical organization that bombed government buildings in the 1970s. The clash also occasioned an on-campus reckoning with long-lasting institutional consequences. The university senate, which includes faculty and students, was given a hand in disciplinary matters to check administrative power — a system the administration bypassed in suspending the pro-Palestinian groups.
For more than half a century now, campus activism and universities’ responses to it have mostly occurred within the paradigm shaped by 1968. Activists have used fights over investments, curriculums and development projects as platforms for radical politics and for a kind of revolutionary experimentation in the form of building occupations and other direct actions. Administrations have more often than not responded tolerantly or at least cautiously, out of a mix of principle and pragmatism. The building occupiers and tent-camp residents may be breaking laws or at least campus policies, but they’re also the university’s consumers.
But the upheavals on campuses across the country this spring were different. The campus war over the real war in Gaza did something no issue since Vietnam had done. It seemed to have prompted an abrupt rethinking of free-speech principles that many in academia assumed to be foundational.
In reality, though, this shift was not so abrupt. It reflected broader changes in the institutional structures and power balances within American universities and disagreements over free speech that have gradually redrawn the battle lines inside and outside academia. That the Israeli-Palestinian conflict would prove the catalyst, too, was not surprising. Few conflicts had so directly centered on the power of language and who sets its terms.
IN 2019, LEE C. Bollinger, Columbia’s president before Shafik, wrote an essay for The Atlantic called “Free Speech on Campus Is Doing Just Fine, Thank You.” The occasion was an executive order President Trump issued that March, proclaiming that colleges and universities that received federal funding were required to “promote free inquiry” — a mostly symbolic measure that reflected several years of alarm on the right over what Fox News and others had declared a “free-speech crisis” on American campuses.
Throughout Trump’s presidency, college activists tried to block various appearances by speakers whose views they found repellent. At Middlebury College, they derailed a talk by the conservative social scientist Charles Murray and at William & Mary shouted down a speaker from the state A.C.L.U. chapter. Schools like the University of California, Berkeley, and Grand Canyon University, a Christian institution in Arizona, disinvited right-wing media figures for fear of demonstrations.
If Columbia managed to steer through this period with a minimum of turbulence, it was in large part thanks to Bollinger, a First Amendment scholar who defended the right of people like Mahmoud Ahmadinejad and Milo Yiannopoulos to speak on campus. “I am of the view that one such disinvitation is one too many,” he wrote in The Atlantic essay, while noting that, in fact, disinvitations had been far rarer than the pundits and politicians suggested. But Bollinger cast the debate over the limits of campus speech as itself a part of the tradition of campus speech, and he concluded that “universities are, today, more hospitable venues for open debate than the nation as a whole.”
Five years later, this picture lay in tatters. Bollinger’s own university — he left office last June — was once again synonymous with building occupations and police crackdowns, and Columbia was facing legal action from both Jewish and Muslim students alleging harassing speech, among other complaints. In an interview in late April, Bollinger, who has not otherwise spoken publicly about the Columbia clashes, said that his own optimism was dimming. “There was a fair consensus that private universities,” he said, like public ones, “should embrace free-speech principles and set an example for the country in how free speech applies to a public forum. And now I think that’s breaking down.”
Other schools were also stumbling. In December, testifying before a House committee hearing on antisemitism on college campuses, three elite-university presidents equivocated when Elise Stefanik, a Republican congresswoman from New York, asked them whether calling for the genocide of Jews would violate the rules on their campuses. One of them, the University of Pennsylvania’s Liz Magill, was out of her job within days; a second, Claudine Gay of Harvard, resigned amid accusations of plagiarism that surfaced amid post-testimony scrutiny.
Shafik, testifying before a similar panel in April, fared better in the hearing room but worse back on campus. Under repeated questioning, she said that she found pro-Palestinian chants like “From the river to the sea” and “Long live intifada” antisemitic but added that “some people don’t.” Columbia also turned over documents to the committee about faculty members accused of antisemitic speech whom Shafik named in her testimony — disclosures the administration says that it was obligated to make but that infuriated professors, hundreds of whom signed open letters declaring it a breach of academic freedom. “She threw some of us under the bus,” said Katherine Franke, a Columbia Law School professor, who was among those criticized in the hearing. “But to me, that’s less important than her inability to make a defense of the university.”
To free-speech advocates, it was ominous that these presidents weren’t arguing for the university as a forum for fostering free speech, however controversial. “That commitment is really at the center of universities’ missions,” Jaffer said. “It is disappointing that so many university leaders failed to make that case.”
In the post-Oct. 7 demonstrations, however, universities confronted a dilemma far more complex than any Bollinger faced during his tenure. The invasion of Gaza has drawn students with a range of views on the Israeli-Palestinian conflict to the protests, but S.J.P. and other groups at the vanguard have been clear on their own lines: They reject the idea of a two-state solution and consider the existence of a Zionist state in Israel to be illegitimate and immoral. This is a change from the early 2000s when Edward Said, the Jerusalem-born literary theorist and pro-Palestinian activist who made Columbia a leading bastion of Palestinian scholarship, championed a two-state outcome. The movement’s politics have hardened, and so have the facts on the ground. Hopes for a two-state solution have receded amid the increasingly extreme politics of Benjamin Netanyahu’s government, including the expansion of Israeli settlements in the West Bank and attacks on Israel by Hamas and Hezbollah.
Historically, when “Zionist” becomes a pejorative, persecution of Jews has followed, and many American Jews see the rise in reported incidents of antisemitism as evidence of this once again. Some protesters crossed the line from rejecting Israel to using antisemitic imagery on posters and making threats. For example, Khymani James, a student leader of the protests at Columbia, said “Zionists don’t deserve to live” in a video of a school disciplinary hearing that he posted on social media. (James later apologized.) Chants like “We don’t want no Zionists here,” which continued at Columbia and elsewhere, made many Jewish students, including critics of Israel’s occupation, feel there was no longer a space for supporting a Jewish homeland in any sense.
But pro-Palestinian activists now often view the rejection of Zionism as an irreducible part of the cause — and are aware of how accusations of antisemitism have been wielded in the past to the detriment of that cause. When Columbia deans called for acknowledging the “genuine hurt” of both sides of the conflict in December, noting some of the language of the protests, Rashid Khalidi, a historian of Palestine at Columbia, accused them of having decided that “the oppressed should take permission from the oppressor as to the means to relieve their oppression.”
The clash over politics and language has created a rare point of real political vulnerability for universities. Several face the threat of House Republican investigations of their federal funding, which at Columbia amounts to $1.2 billion in annual grants and contracts, accounting for 20 percent of its budget. And Republicans, who have long criticized universities as fortresses of liberalism and leftism, now have allies among the many congressional Democrats who remain supportive of Israel, as well as many of the universities’ own donors, administrators and trustees. (Columbia’s board includes only one academic and no Muslims or Arabs other than Shafik.) In May, a bipartisan majority in the House passed the Antisemitism Awareness Act, which would require schools to potentially risk their federal funding if they don’t restrict speech that, for example, denies “the Jewish people their right to self-determination” — a suppression of views that would run headlong into the First Amendment.
Back on campus, the conflict about antisemitism versus anti-Zionism has landed in the middle of a decades-long, unresolved argument over speech itself. Today’s students have grown up with the idea that speech can be restricted if it causes harm — but also believe that restricting their speech can be its own kind of harm. “I can’t think of another case,” says David Pozen, a Columbia law professor, “where a group not only refuses to stop using language it’s told is harassing and intimidating and demeaning but also flips it around to say, ‘Your very demand is a tool of oppression.’”
DEBATES OVER FREE speech on college campuses have invariably been debates about power. This became clear in 1964, when students at the University of California, Berkeley, handed out leaflets organizing demonstrations against the Republican National Convention, held in San Francisco that year. The dean of students barred them from using a campus-owned plaza. Months of protests and hundreds of arrests followed, until the university finally capitulated.
The Berkeley movement proved a useful foil for conservative politicians fighting the early skirmishes of the culture wars — Ronald Reagan successfully ran against it in his 1966 campaign for governor. But the Supreme Court upheld campus speech protections in 1967 and onward. And when a more enduring critique of campus speech emerged years later, it came not from the right, but from the left.
In an influential 1989 law-review article, Mari Matsuda, a law professor at the University of Hawaii and an early critical-race theorist, argued that the significance of speech and its acceptability on a university campus turned on who was speaking and who was being spoken to. Racist speech, in particular, could be more than offensive. When it reflected historic imbalances of power — when a white student hurled a racial slur at a Black student, for instance — it reinforced and perpetuated those imbalances in ways that shut down discussion, debilitating students’ academic lives. That meant that schools should treat it not as a matter of expression but as a real-world harm and sanction it. “Racist speech is particularly harmful because it is a mechanism of subordination,” she wrote.
By the early 1990s, more than 350 colleges and universities had adopted hate-speech codes imposing sanctions on students who demeaned someone’s race, sex or religion. But the codes collided with the First Amendment. Every court that considered a university speech code between 1989 and 1995 reached the same conclusion: The rules were vague, overbroad or discriminated against speakers because of their points of view and were thus unconstitutional.
Many First Amendment scholars agreed. They recognized that hate speech causes real harm but thought that banning it caused its own problems. Geoffrey Stone, a law professor and frequent collaborator of Bollinger’s, led a committee at the University of Chicago that issued a landmark 2015 report on free speech. It proposed “the broadest possible latitude to speak, write, listen, challenge and learn” while allowing for limits on the time, place and manner of protests and on genuine threats and harassment.
The Chicago principles, as they are called, have since been adopted by more than 100 other schools. But this view of free speech never achieved a consensus. Within many humanities departments, Matsuda’s theories have retained currency. Ideas about identity and power have suffused progressive politics more broadly in recent decades. And in the Trump era, incursions of white nationalists and right-wing extremists into the political mainstream caused many liberals to rethink tolerating hate speech. Such speech no longer seemed confined to the far edge of American politics, and the death of a counterdemonstrator at a white nationalist rally in Charlottesville, Va., in 2017 reinforced the argument that hate speech was inherently violent and should be stopped at all costs.
But as progressive students extended this justification to even conventional conservatives and some civil liberties advocates, a more generalized intolerance took hold. In a 2022 survey of college students, the Foundation for Individual Rights and Expression, a civil liberties organization, found that liberal students were far more likely to say that preventing speech through protest was acceptable. Fifty-three percent of students who identified as “very liberal” said it was always or sometimes acceptable to shout down a speaker to block their appearance on campus. Only 13 percent of “very conservative” students did.
THREE AND A half decades ago, when Matsuda first laid out her case for sanctioning hate speech, based on the identity of the speaker, one of the most challenging tests of her framework was Zionism. Were Zionists persecutors, as pro-Palestinian activists contended? Or, given the history of Jewish persecution and the Holocaust, were they victims? Matsuda’s answer, in effect, was: It depends. She rejected the charge that Zionism was, by definition, racism. Zionists would receive a “victim’s privilege,” she said, if they spoke in “reaction to historical persecution” but not if they allied themselves with a dominant group.
Her response captured the duality of modern Jewish identity — vulnerable on a global scale, as only 0.2 percent of the world population and the subject of centuries of prejudice but wielding significant power in some contexts, most obviously the Israeli state. It also showed the difficulty of putting Matsuda’s analytical framework into practice. Doing so depended on a shared understanding of where power lay and who possessed it.
The lack of such a shared understanding is on display in dueling legal complaints Columbia now faces over the campus clashes, from Jewish and Israeli students and their supporters in one case and Palestinian, Muslim and Arab students and their allies in another. Each document incidents of face-to-face harassment, and each claim to be on the wrong side of power or social clout. The Palestinian, Muslim and Arab students say in their legal filing that they were “treated differently by high-ranking administrators,” citing the S.J.P. suspension. Jewish and Israeli students, by contrast, report being excluded from student organizations (an L.G.B.T.Q. group, a dance club, a group representing public-school students at suspension hearings) that either condemned Israel or said Zionists were unwelcome, forcing them to forfeit a core part of their identity to stay in the group.
Both complaints claim Columbia is violating Title VI of the 1964 Civil Rights Act, which requires universities to respond when discriminatory harassment is “so severe or pervasive” that it limits or prevents students from participating in their education. The federal Department of Education has in recent years interpreted the law to apply to religious minorities like Jews and Muslims with “shared ancestry,” and to say that speech is a form of conduct that can violate the law.
The tension with free-speech principles is evident. In mid-December, the dean of U.C. Berkeley School of Law, Erwin Chemerinsky, and the chancellor of U.C. Irvine, Howard Gillman, expressed concern about briefings for universities in which the Department of Education suggested that slogans like “From the river to the sea, Palestine will be free” likely created a hostile environment for Jewish students. “We know that some Muslim, Arab and Palestinian students similarly feel threatened by protesters who chant, ‘We stand with Israel,’” Chemerinksy and Gillman wrote in an essay in The Sacramento Bee. “Do they also require investigations and mitigation efforts?”
The day before Shafik called the police to Columbia for a second time, she issued a public statement suggesting that Title VI was forcing her hand. Calling the encampment a “noisy distraction,” she said it “has created an unwelcoming environment for many of our Jewish students and faculty.”
David Schizer, a former dean of Columbia’s law school and a chairman of the antisemitism task force the university convened in the wake of Oct. 7, said in an email that “after the occupation of Hamilton Hall, the police were preventing trespassing and vandalism, protecting the ability of all students to do their work, sleep and prepare for finals, and were also preventing discriminatory harassment against Jewish and Israeli students.” But Jaffer, the Knight Institute director, took issue with invoking Title VI as a rationale for the police action.
“Of course we want universities to protect students from discrimination,” he said. “But whatever federal anti-discrimination law means, it doesn’t mean universities are obligated to call in hundreds of riot-clad police to suppress mostly peaceful protests.”
IN 2021, SHAFIK wrote a book called “What We Owe Each Other: A New Social Contract for a Better Society.” Before Oct. 7, she said, she hoped that her presidency might be dedicated to a similar theme, of strengthening the frayed social contract between universities and the country and within their own on-campus communities. That was still the challenge ahead, she believed. “I think we’re all thinking very hard,” she said, “about, you know, what we’ve learned.”
While the school’s board remains behind Shafik, on May 16 members of the Faculty of Arts and Sciences, which among the school’s professors had been the most vocal in their criticism of her, passed a resolution of no confidence in the president by a margin of 65 percent to 29 percent. In an email to her colleagues, Virginia Page Fortna, a political-science professor, pointedly noted the title of Shafik’s book. “If we are to heal,” she wrote, “then Shafik owes Columbia: an apology, a strong and credible commitment to completely change course in how decisions are made, and an independent investigation of what has gone wrong.”
At the same time, few schools could credibly claim to have gotten things right in April. Institutions across the country, from large state schools to small liberal-arts colleges, struggled as the protests escalated, crossing into the terrain of encampments and building occupations, which aren’t protected by the First Amendment. Some schools that permitted encampments for a time also wound up in crisis. At the University of California, Los Angeles, on April 30, pro-Israel counterprotesters violently attacked a pro-Palestinian encampment while the campus police force mostly stood by. Even at the University of Chicago, the administration’s decision to tolerate an encampment ended when negotiations with the demonstrators broke down and the president called in police in riot gear. The several schools that did persuade students to end their encampments mostly did so by promising to consider divestment in Israel at a later date, punting on rather than resolving the underlying issue.
In the logic of protest politics, police crackdowns and the attention they generate are their own kind of victory. The campus clashes forced the war in Gaza into the center of American public life in a way that seven months of headlines about Israeli bombing campaigns, aid-shipment blockades and thousands of Palestinian civilian deaths did not. They drew attention to American dissent over the war and the United States government’s role in supporting it. Khalidi, the Columbia historian, speaks of the campus clashes as a turning point for younger Americans. “The protests have highlighted the fact that majorities of Americans oppose Israel’s war on Gaza and the Biden administration’s support of it, a fact that elites, politicians and the mainstream media systematically ignore,” he wrote in an email.
Universities now face the challenge of rebuilding their communities even as the debate over speech limits that divided them, to say nothing of the war in Gaza itself, remains unsettled — and the incentives of some interested parties, like congressional Republicans and pro-Palestinian organizers, seem to run in the opposite direction. The most realistic aspiration, perhaps, is that many students will tire of division and police deployments and make a path toward recovering a sense of empathy for one another — taking a step back and seeing their own political positions, however irreconcilable, as others might see them.
Matsuda, who did as much as anyone to shape the interpretation of language through the prism of power, had been thinking, too. “I don’t want anyone to feel uncomfortable on campus,” she said. “But stopping a protest movement, I don’t think it’s the way to make Zionist students feel comfortable.” At the same time, “it’s also really important for universities to help students move beyond slogans and see what might be hurtful or impactful about them,” she said.
At the height of the spring conflict, there were signs this was possible. At some schools, pro-Palestinian protesters modulated their own speech in deference to the requests of other students, even avoiding the common chant, “From the river to the sea,” which others have defended as peaceful. The protesters who made these choices didn’t do so because of a law or rule. They were sensitive to the nudge of peer relationships and social norms.
Bringing students together to hash out community standards about language is “the only way I can think of for there to be a set of norms about what speech goes too far that students on all sides would accept as legitimate,” David Pozen, the Columbia law professor, said. He felt the tumult of this spring, which at Columbia resulted in early student departures and scrambled graduation plans, aggravated and exhausted many students who did not themselves participate in the demonstrations and counterdemonstrations. “Students are feeling anguished and alienated, and maybe that’s an opening,” Pozen said.
Clémence Boulouque, a religion professor who serves on the university’s antisemitism task force, hoped Columbia could recover a sense of itself as a “place where people can coexist” and where mediation and discussion might forestall endless grievance and grief. If the divisions opened up by the protests were litigated in an endless back-and-forth of Title VI complaints, fought in the zero-sum realm of the law, then the school would fail at one of the oldest concepts in education: the moral development of its students. “Denying the pain of others, it’s not a great way of conflict resolution,” she said. “It’s also self-inflicted moral injury.”
On one level, this focus on de-escalation avoided the deep unresolved disagreements over where the political ended and the personal began. On another, it was its own kind of blunt realism. “We have to heal together and live together,” Boulouque said. “It’s just like Israel-Palestine. Nobody’s going anywhere.”
THE WAR AT UNIVERSITIES OVER THE REAL WAR IN GAZA DID SOMETHING NO ISSUE SINCE VIETNAM HAD DONE: A RETHINKING OF THE POWER OF LANGUAGE IN ACADEMIA AND WHO SETS ITS TERMS.
Early on the afternoon of Nov. 10, Jameel Jaffer, the director of the Knight First Amendment Institute at Columbia University, was on his way into a meeting in Low Library, the domed neoclassical building at the center of campus, when an administrator pulled him aside. The school, the administrator said, was about to announce the suspensions of the campus chapters of the organizations Students for Justice in Palestine and Jewish Voice for Peace, an allied anti-Zionist organization — a move that alarmed Jaffer given the fraught politics of the moment.
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The day after Hamas’s brazen Oct. 7 attack on military and civilian targets in Israel, the S.J.P. and J.V.P. chapters co-signed an open letter declaring “full solidarity with Palestinian resistance.” The letter described the attacks as “an unprecedented historic moment for the Palestinians of Gaza” and a “counteroffensive against their settler-colonial oppressor.” It would be tantamount to “asking for quiet submission to systemic violence” for anyone to call for peace now, after years of Israeli violence and military campaigns against Palestinians. The groups issued a list of demands to the university — divestment from companies doing business with the Israeli government, the end of Columbia’s affiliation with Tel Aviv University and a recognition of Palestinian “existence and humanity” — and announced a demonstration on Oct. 12 on the steps of Low Library. They signed off: “See you Thursday.”
The Oct. 12 demonstration appeared to be in violation of campus rules, which required student groups to give 10 days’ notice for gatherings in public spaces, but Columbia had not been enforcing such requirements amid the emotional responses to the Hamas attacks and Israel’s retaliatory bombing in the Gaza Strip. “We got some pushback from the university,” recalled Cameron Jones, an organizer of the J.V.P. chapter, “but not insane pushback.”
As the sit-ins, teach-ins and die-ins continued, however, that began to change. Pro-Israel groups held counterdemonstrations, and tensions built on Columbia’s small, enclosed central campus. “In the past, demonstrations were basically students protesting against the establishment, and that was, you know, unidirectional and fairly straightforward,” the president of Columbia, Minouche Shafik, said in late May, in her first interview since December. “In this crisis,” she went on, “students are opposed to other students, faculty opposed to other faculty. And those internal dynamics and tensions have made this much more difficult than past episodes.” Outside Columbia’s library, several Israeli students were physically attacked after they confronted another student tearing down posters of Israelis held hostage by Hamas. Students wearing hijabs and kaffiyehs reported being called “Jew killers” and terrorists.
By Oct. 25, when S.J.P. and J.V.P. staged a walkout of college classes, “our relationship with the administration was really crumbling,” Jones recalled. Two days later, Israel’s invasion of Gaza began. On the night of Nov. 8, with another demonstration planned for the next day on the steps outside Low, a faculty adviser told the organizers that they were out of compliance with school rules and asked them to postpone the event. They did not, and the university suspended them.
When Jaffer heard the news, “I said, ‘Suspending the groups seems like a very draconian penalty for that offense,’” he recalled. When the administration in a public statement also cited the groups’ “threatening rhetoric and intimidation,” Jaffer grew more concerned: What speech crossed that line? In an open letter, he asked Columbia for an explanation.
The university didn’t publicly provide one, and the organizations received mixed messages from the administration. In a meeting with the student groups at the end of November, one administrator said that while the groups had not violated speech rules, Israeli students could hear accusations that Israel was committing genocide or was an apartheid state as an incitement to violence. “I left that meeting extremely confused,” said Maryam Alwan, an organizer of the S.J.P. chapter.
Shafik said this month that the suspensions of S.J.P. and J.V.P. were “content neutral” — they were about breaking the rules regarding demonstrations, not political views. Regardless, the university’s decision lit a fuse. In the months that followed, as the invasion of Gaza continued and civilian casualties mounted, dozens of student groups rallied in solidarity with S.J.P. and J.V.P. On April 17, Shafik asked the New York City Police to clear a pro-Palestinian student encampment on the Columbia lawn. That move, which included dozens of arrests, in turn sparked a wave of demonstrations at universities across the country. Columbia protesters rebuilt their encampment and, on the night of April 29, some of them stormed the school’s Hamilton Hall, occupying the building and locking and barricading the doors. At Shafik’s request, a large deployment of police returned to campus the following night, raiding the building and arresting its occupiers.
When private universities set rules for what speech they allow, including when, where and how students can protest, they can impose more restrictions than the First Amendment allows in public spaces. But for decades, they have claimed free speech as a central value, and that promise has a particular history at Columbia. In 1968, the administration called in the police to evict student demonstrators from Hamilton Hall, which they had occupied in protest of the university’s involvement in military research and a new neighborhood-dividing gymnasium project in Morningside Park.
The occupation and its violent end, the images of bloodied students dragged away in handcuffs, was a seminal moment for the Vietnam-era left; the following year, several Columbia demonstrators helped found the Weather Underground, the radical organization that bombed government buildings in the 1970s. The clash also occasioned an on-campus reckoning with long-lasting institutional consequences. The university senate, which includes faculty and students, was given a hand in disciplinary matters to check administrative power — a system the administration bypassed in suspending the pro-Palestinian groups.
For more than half a century now, campus activism and universities’ responses to it have mostly occurred within the paradigm shaped by 1968. Activists have used fights over investments, curriculums and development projects as platforms for radical politics and for a kind of revolutionary experimentation in the form of building occupations and other direct actions. Administrations have more often than not responded tolerantly or at least cautiously, out of a mix of principle and pragmatism. The building occupiers and tent-camp residents may be breaking laws or at least campus policies, but they’re also the university’s consumers.
But the upheavals on campuses across the country this spring were different. The campus war over the real war in Gaza did something no issue since Vietnam had done. It seemed to have prompted an abrupt rethinking of free-speech principles that many in academia assumed to be foundational.
In reality, though, this shift was not so abrupt. It reflected broader changes in the institutional structures and power balances within American universities and disagreements over free speech that have gradually redrawn the battle lines inside and outside academia. That the Israeli-Palestinian conflict would prove the catalyst, too, was not surprising. Few conflicts had so directly centered on the power of language and who sets its terms.
IN 2019, LEE C. Bollinger, Columbia’s president before Shafik, wrote an essay for The Atlantic called “Free Speech on Campus Is Doing Just Fine, Thank You.” The occasion was an executive order President Trump issued that March, proclaiming that colleges and universities that received federal funding were required to “promote free inquiry” — a mostly symbolic measure that reflected several years of alarm on the right over what Fox News and others had declared a “free-speech crisis” on American campuses.
Throughout Trump’s presidency, college activists tried to block various appearances by speakers whose views they found repellent. At Middlebury College, they derailed a talk by the conservative social scientist Charles Murray and at William & Mary shouted down a speaker from the state A.C.L.U. chapter. Schools like the University of California, Berkeley, and Grand Canyon University, a Christian institution in Arizona, disinvited right-wing media figures for fear of demonstrations.
If Columbia managed to steer through this period with a minimum of turbulence, it was in large part thanks to Bollinger, a First Amendment scholar who defended the right of people like Mahmoud Ahmadinejad and Milo Yiannopoulos to speak on campus. “I am of the view that one such disinvitation is one too many,” he wrote in The Atlantic essay, while noting that, in fact, disinvitations had been far rarer than the pundits and politicians suggested. But Bollinger cast the debate over the limits of campus speech as itself a part of the tradition of campus speech, and he concluded that “universities are, today, more hospitable venues for open debate than the nation as a whole.”
Five years later, this picture lay in tatters. Bollinger’s own university — he left office last June — was once again synonymous with building occupations and police crackdowns, and Columbia was facing legal action from both Jewish and Muslim students alleging harassing speech, among other complaints. In an interview in late April, Bollinger, who has not otherwise spoken publicly about the Columbia clashes, said that his own optimism was dimming. “There was a fair consensus that private universities,” he said, like public ones, “should embrace free-speech principles and set an example for the country in how free speech applies to a public forum. And now I think that’s breaking down.”
Other schools were also stumbling. In December, testifying before a House committee hearing on antisemitism on college campuses, three elite-university presidents equivocated when Elise Stefanik, a Republican congresswoman from New York, asked them whether calling for the genocide of Jews would violate the rules on their campuses. One of them, the University of Pennsylvania’s Liz Magill, was out of her job within days; a second, Claudine Gay of Harvard, resigned amid accusations of plagiarism that surfaced amid post-testimony scrutiny.
Shafik, testifying before a similar panel in April, fared better in the hearing room but worse back on campus. Under repeated questioning, she said that she found pro-Palestinian chants like “From the river to the sea” and “Long live intifada” antisemitic but added that “some people don’t.” Columbia also turned over documents to the committee about faculty members accused of antisemitic speech whom Shafik named in her testimony — disclosures the administration says that it was obligated to make but that infuriated professors, hundreds of whom signed open letters declaring it a breach of academic freedom. “She threw some of us under the bus,” said Katherine Franke, a Columbia Law School professor, who was among those criticized in the hearing. “But to me, that’s less important than her inability to make a defense of the university.”
To free-speech advocates, it was ominous that these presidents weren’t arguing for the university as a forum for fostering free speech, however controversial. “That commitment is really at the center of universities’ missions,” Jaffer said. “It is disappointing that so many university leaders failed to make that case.”
In the post-Oct. 7 demonstrations, however, universities confronted a dilemma far more complex than any Bollinger faced during his tenure. The invasion of Gaza has drawn students with a range of views on the Israeli-Palestinian conflict to the protests, but S.J.P. and other groups at the vanguard have been clear on their own lines: They reject the idea of a two-state solution and consider the existence of a Zionist state in Israel to be illegitimate and immoral. This is a change from the early 2000s when Edward Said, the Jerusalem-born literary theorist and pro-Palestinian activist who made Columbia a leading bastion of Palestinian scholarship, championed a two-state outcome. The movement’s politics have hardened, and so have the facts on the ground. Hopes for a two-state solution have receded amid the increasingly extreme politics of Benjamin Netanyahu’s government, including the expansion of Israeli settlements in the West Bank and attacks on Israel by Hamas and Hezbollah.
Historically, when “Zionist” becomes a pejorative, persecution of Jews has followed, and many American Jews see the rise in reported incidents of antisemitism as evidence of this once again. Some protesters crossed the line from rejecting Israel to using antisemitic imagery on posters and making threats. For example, Khymani James, a student leader of the protests at Columbia, said “Zionists don’t deserve to live” in a video of a school disciplinary hearing that he posted on social media. (James later apologized.) Chants like “We don’t want no Zionists here,” which continued at Columbia and elsewhere, made many Jewish students, including critics of Israel’s occupation, feel there was no longer a space for supporting a Jewish homeland in any sense.
But pro-Palestinian activists now often view the rejection of Zionism as an irreducible part of the cause — and are aware of how accusations of antisemitism have been wielded in the past to the detriment of that cause. When Columbia deans called for acknowledging the “genuine hurt” of both sides of the conflict in December, noting some of the language of the protests, Rashid Khalidi, a historian of Palestine at Columbia, accused them of having decided that “the oppressed should take permission from the oppressor as to the means to relieve their oppression.”
The clash over politics and language has created a rare point of real political vulnerability for universities. Several face the threat of House Republican investigations of their federal funding, which at Columbia amounts to $1.2 billion in annual grants and contracts, accounting for 20 percent of its budget. And Republicans, who have long criticized universities as fortresses of liberalism and leftism, now have allies among the many congressional Democrats who remain supportive of Israel, as well as many of the universities’ own donors, administrators and trustees. (Columbia’s board includes only one academic and no Muslims or Arabs other than Shafik.) In May, a bipartisan majority in the House passed the Antisemitism Awareness Act, which would require schools to potentially risk their federal funding if they don’t restrict speech that, for example, denies “the Jewish people their right to self-determination” — a suppression of views that would run headlong into the First Amendment.
Back on campus, the conflict about antisemitism versus anti-Zionism has landed in the middle of a decades-long, unresolved argument over speech itself. Today’s students have grown up with the idea that speech can be restricted if it causes harm — but also believe that restricting their speech can be its own kind of harm. “I can’t think of another case,” says David Pozen, a Columbia law professor, “where a group not only refuses to stop using language it’s told is harassing and intimidating and demeaning but also flips it around to say, ‘Your very demand is a tool of oppression.’”
DEBATES OVER FREE speech on college campuses have invariably been debates about power. This became clear in 1964, when students at the University of California, Berkeley, handed out leaflets organizing demonstrations against the Republican National Convention, held in San Francisco that year. The dean of students barred them from using a campus-owned plaza. Months of protests and hundreds of arrests followed, until the university finally capitulated.
The Berkeley movement proved a useful foil for conservative politicians fighting the early skirmishes of the culture wars — Ronald Reagan successfully ran against it in his 1966 campaign for governor. But the Supreme Court upheld campus speech protections in 1967 and onward. And when a more enduring critique of campus speech emerged years later, it came not from the right, but from the left.
In an influential 1989 law-review article, Mari Matsuda, a law professor at the University of Hawaii and an early critical-race theorist, argued that the significance of speech and its acceptability on a university campus turned on who was speaking and who was being spoken to. Racist speech, in particular, could be more than offensive. When it reflected historic imbalances of power — when a white student hurled a racial slur at a Black student, for instance — it reinforced and perpetuated those imbalances in ways that shut down discussion, debilitating students’ academic lives. That meant that schools should treat it not as a matter of expression but as a real-world harm and sanction it. “Racist speech is particularly harmful because it is a mechanism of subordination,” she wrote.
By the early 1990s, more than 350 colleges and universities had adopted hate-speech codes imposing sanctions on students who demeaned someone’s race, sex or religion. But the codes collided with the First Amendment. Every court that considered a university speech code between 1989 and 1995 reached the same conclusion: The rules were vague, overbroad or discriminated against speakers because of their points of view and were thus unconstitutional.
Many First Amendment scholars agreed. They recognized that hate speech causes real harm but thought that banning it caused its own problems. Geoffrey Stone, a law professor and frequent collaborator of Bollinger’s, led a committee at the University of Chicago that issued a landmark 2015 report on free speech. It proposed “the broadest possible latitude to speak, write, listen, challenge and learn” while allowing for limits on the time, place and manner of protests and on genuine threats and harassment.
The Chicago principles, as they are called, have since been adopted by more than 100 other schools. But this view of free speech never achieved a consensus. Within many humanities departments, Matsuda’s theories have retained currency. Ideas about identity and power have suffused progressive politics more broadly in recent decades. And in the Trump era, incursions of white nationalists and right-wing extremists into the political mainstream caused many liberals to rethink tolerating hate speech. Such speech no longer seemed confined to the far edge of American politics, and the death of a counterdemonstrator at a white nationalist rally in Charlottesville, Va., in 2017 reinforced the argument that hate speech was inherently violent and should be stopped at all costs.
But as progressive students extended this justification to even conventional conservatives and some civil liberties advocates, a more generalized intolerance took hold. In a 2022 survey of college students, the Foundation for Individual Rights and Expression, a civil liberties organization, found that liberal students were far more likely to say that preventing speech through protest was acceptable. Fifty-three percent of students who identified as “very liberal” said it was always or sometimes acceptable to shout down a speaker to block their appearance on campus. Only 13 percent of “very conservative” students did.
THREE AND A half decades ago, when Matsuda first laid out her case for sanctioning hate speech, based on the identity of the speaker, one of the most challenging tests of her framework was Zionism. Were Zionists persecutors, as pro-Palestinian activists contended? Or, given the history of Jewish persecution and the Holocaust, were they victims? Matsuda’s answer, in effect, was: It depends. She rejected the charge that Zionism was, by definition, racism. Zionists would receive a “victim’s privilege,” she said, if they spoke in “reaction to historical persecution” but not if they allied themselves with a dominant group.
Her response captured the duality of modern Jewish identity — vulnerable on a global scale, as only 0.2 percent of the world population and the subject of centuries of prejudice but wielding significant power in some contexts, most obviously the Israeli state. It also showed the difficulty of putting Matsuda’s analytical framework into practice. Doing so depended on a shared understanding of where power lay and who possessed it.
The lack of such a shared understanding is on display in dueling legal complaints Columbia now faces over the campus clashes, from Jewish and Israeli students and their supporters in one case and Palestinian, Muslim and Arab students and their allies in another. Each document incidents of face-to-face harassment, and each claim to be on the wrong side of power or social clout. The Palestinian, Muslim and Arab students say in their legal filing that they were “treated differently by high-ranking administrators,” citing the S.J.P. suspension. Jewish and Israeli students, by contrast, report being excluded from student organizations (an L.G.B.T.Q. group, a dance club, a group representing public-school students at suspension hearings) that either condemned Israel or said Zionists were unwelcome, forcing them to forfeit a core part of their identity to stay in the group.
Both complaints claim Columbia is violating Title VI of the 1964 Civil Rights Act, which requires universities to respond when discriminatory harassment is “so severe or pervasive” that it limits or prevents students from participating in their education. The federal Department of Education has in recent years interpreted the law to apply to religious minorities like Jews and Muslims with “shared ancestry,” and to say that speech is a form of conduct that can violate the law.
The tension with free-speech principles is evident. In mid-December, the dean of U.C. Berkeley School of Law, Erwin Chemerinsky, and the chancellor of U.C. Irvine, Howard Gillman, expressed concern about briefings for universities in which the Department of Education suggested that slogans like “From the river to the sea, Palestine will be free” likely created a hostile environment for Jewish students. “We know that some Muslim, Arab and Palestinian students similarly feel threatened by protesters who chant, ‘We stand with Israel,’” Chemerinksy and Gillman wrote in an essay in The Sacramento Bee. “Do they also require investigations and mitigation efforts?”
The day before Shafik called the police to Columbia for a second time, she issued a public statement suggesting that Title VI was forcing her hand. Calling the encampment a “noisy distraction,” she said it “has created an unwelcoming environment for many of our Jewish students and faculty.”
David Schizer, a former dean of Columbia’s law school and a chairman of the antisemitism task force the university convened in the wake of Oct. 7, said in an email that “after the occupation of Hamilton Hall, the police were preventing trespassing and vandalism, protecting the ability of all students to do their work, sleep and prepare for finals, and were also preventing discriminatory harassment against Jewish and Israeli students.” But Jaffer, the Knight Institute director, took issue with invoking Title VI as a rationale for the police action.
“Of course we want universities to protect students from discrimination,” he said. “But whatever federal anti-discrimination law means, it doesn’t mean universities are obligated to call in hundreds of riot-clad police to suppress mostly peaceful protests.”
IN 2021, SHAFIK wrote a book called “What We Owe Each Other: A New Social Contract for a Better Society.” Before Oct. 7, she said, she hoped that her presidency might be dedicated to a similar theme, of strengthening the frayed social contract between universities and the country and within their own on-campus communities. That was still the challenge ahead, she believed. “I think we’re all thinking very hard,” she said, “about, you know, what we’ve learned.”
While the school’s board remains behind Shafik, on May 16 members of the Faculty of Arts and Sciences, which among the school’s professors had been the most vocal in their criticism of her, passed a resolution of no confidence in the president by a margin of 65 percent to 29 percent. In an email to her colleagues, Virginia Page Fortna, a political-science professor, pointedly noted the title of Shafik’s book. “If we are to heal,” she wrote, “then Shafik owes Columbia: an apology, a strong and credible commitment to completely change course in how decisions are made, and an independent investigation of what has gone wrong.”
At the same time, few schools could credibly claim to have gotten things right in April. Institutions across the country, from large state schools to small liberal-arts colleges, struggled as the protests escalated, crossing into the terrain of encampments and building occupations, which aren’t protected by the First Amendment. Some schools that permitted encampments for a time also wound up in crisis. At the University of California, Los Angeles, on April 30, pro-Israel counterprotesters violently attacked a pro-Palestinian encampment while the campus police force mostly stood by. Even at the University of Chicago, the administration’s decision to tolerate an encampment ended when negotiations with the demonstrators broke down and the president called in police in riot gear. The several schools that did persuade students to end their encampments mostly did so by promising to consider divestment in Israel at a later date, punting on rather than resolving the underlying issue.
In the logic of protest politics, police crackdowns and the attention they generate are their own kind of victory. The campus clashes forced the war in Gaza into the center of American public life in a way that seven months of headlines about Israeli bombing campaigns, aid-shipment blockades and thousands of Palestinian civilian deaths did not. They drew attention to American dissent over the war and the United States government’s role in supporting it. Khalidi, the Columbia historian, speaks of the campus clashes as a turning point for younger Americans. “The protests have highlighted the fact that majorities of Americans oppose Israel’s war on Gaza and the Biden administration’s support of it, a fact that elites, politicians and the mainstream media systematically ignore,” he wrote in an email.
Universities now face the challenge of rebuilding their communities even as the debate over speech limits that divided them, to say nothing of the war in Gaza itself, remains unsettled — and the incentives of some interested parties, like congressional Republicans and pro-Palestinian organizers, seem to run in the opposite direction. The most realistic aspiration, perhaps, is that many students will tire of division and police deployments and make a path toward recovering a sense of empathy for one another — taking a step back and seeing their own political positions, however irreconcilable, as others might see them.
Matsuda, who did as much as anyone to shape the interpretation of language through the prism of power, had been thinking, too. “I don’t want anyone to feel uncomfortable on campus,” she said. “But stopping a protest movement, I don’t think it’s the way to make Zionist students feel comfortable.” At the same time, “it’s also really important for universities to help students move beyond slogans and see what might be hurtful or impactful about them,” she said.
At the height of the spring conflict, there were signs this was possible. At some schools, pro-Palestinian protesters modulated their own speech in deference to the requests of other students, even avoiding the common chant, “From the river to the sea,” which others have defended as peaceful. The protesters who made these choices didn’t do so because of a law or rule. They were sensitive to the nudge of peer relationships and social norms.
Bringing students together to hash out community standards about language is “the only way I can think of for there to be a set of norms about what speech goes too far that students on all sides would accept as legitimate,” David Pozen, the Columbia law professor, said. He felt the tumult of this spring, which at Columbia resulted in early student departures and scrambled graduation plans, aggravated and exhausted many students who did not themselves participate in the demonstrations and counterdemonstrations. “Students are feeling anguished and alienated, and maybe that’s an opening,” Pozen said.
Clémence Boulouque, a religion professor who serves on the university’s antisemitism task force, hoped Columbia could recover a sense of itself as a “place where people can coexist” and where mediation and discussion might forestall endless grievance and grief. If the divisions opened up by the protests were litigated in an endless back-and-forth of Title VI complaints, fought in the zero-sum realm of the law, then the school would fail at one of the oldest concepts in education: the moral development of its students. “Denying the pain of others, it’s not a great way of conflict resolution,” she said. “It’s also self-inflicted moral injury.”
On one level, this focus on de-escalation avoided the deep unresolved disagreements over where the political ended and the personal began. On another, it was its own kind of blunt realism. “We have to heal together and live together,” Boulouque said. “It’s just like Israel-Palestine. Nobody’s going anywhere.”
c.2024 The New York Times Company
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