On Friday, Columbia University agreed to fulfill the Trump administration’s demands in exchange for the release of millions of dollars in suspended funds. Charles Fain Lehman explains that the government, by withholding the money, has in fact succeeded in protecting free speech on campus:
The ideal of academic freedom requires order and safety—not safety from “dangerous ideas,” but from actual violence. Free speech on campus is only possible if students do not have to fear that their dissenting views will be met with threats. And it is only possible if they can participate in classes or enter buildings without intimidation or disruption—otherwise, discourse is not possible.
Several of the conditions are tailored to check disruptive “speech” that forestalls actual discussion. The demand that Columbia implement “rules to prevent disruption of teaching, research, and campus life” means that student protest doesn’t get to shut down academic life. And the insistence that Columbia impose a ban on masking is . . . consistent with the First Amendment and with the dozens of state laws that recognize public, non-health-related masking as intimidating and deceitful.
But perhaps part of the problem is that Columbia’s administrators themselves do not understand the meaning of freedom of expression:
Two Columbia janitors recently filed a complaint with the Equal Employment Opportunity Commission in which they allege that they were not only routinely forced to scrub swastikas from campus walls, but were assaulted during the occupation of Hamilton Hall [by anti-Israel radicals]. When they raised concerns about the graffiti, the two claim, they were told that “the trespassers and vandals were exercising their First Amendment rights.”
There is, of course, no interpretation of the First Amendment that protects the freedom to trespass or to destroy property. All that being said, there are serious concerns that can be raised about the effects of current federal policy on freedom of speech, and Keith Whittington provides a rare good-faith formulation of these concerns here.
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