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Reason
Reason
Politics
David Bernstein

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

In my previous post, I argued that contrary to a new US Civil Rights Commission Report, plaintiffs alleging an illegal hostile campus environment don't need to show that the hostile environment was created by individuals or groups with discriminatory animus toward the protected class plaintiff belongs to.

Thus, Jewish students subject to a hostile environment don't need to prove that the antizionist students who created the hostile environment were motivated by anti-Jewish antimus.

This raises on obvious objection: what's to stop complainants from using hostile environment law to force universities to suppress political speech that offends them so much that they can reasonably argue that it creates a hostile environment for them? Can Hispanic students, for example, argue that speech hostile to immigration and multiculturalism creates a hostile environment, even if the speakers were not motivated by, and did not express, anti-Latino animus?

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