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Reason
Reason
Politics
David Bernstein

Problems with the New US Civil Rights Commission Report on Campus Antisemitism, Part I

Yesterday, the US Civil Rights Commission, composed of four Republican and four Democratic appointees, with a Democratic Chair and Vice-Chair, issued a unanimous report on antisemitism on university campuses.

I find much of the legal analysis wanting, to say the least. I will have at least a few posts explaining why, starting with this one.

The Commission's Report argues that Title VI hostile environment law only reaches hostile environment discrimination when the underlying actors accused of creating the hostile environment did so with intent to discriminate against the group claiming discrimination. (The Commission alternatively describes this as antisemitic "intent," "motivation" or "animus.")

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