Skynesher | Getty Images
Disclaimer: This resource is not intended to and should not be interpreted as providing legal advice.
Why Academic Freedom and Antisemitism Matter in Higher Education
Universities are designed to be spaces for open inquiry, debate, and intellectual challenge. Academic freedom protects the rights of faculty, staff and students to explore controversial ideas without fear of censorship or institutional punishment. At the same time, universities have a responsibility to ensure that members of the campus community are not subjected to discrimination, harassment, or exclusion – including antisemitism.
In recent years, tensions have emerged on some campuses where debates about politics, identity, and global conflicts intersect with concerns about antisemitism. As such, universities must increasingly navigate how to protect academic freedom while also addressing conduct that harms Jewish students, staff and faculty.
What is Academic Freedom?
Academic freedom is the principle that scholars and students should be able to research, teach, learn, and express ideas freely.
It typically protects:
- Research freedom: The ability to pursue scholarly inquiry and publish findings.
- Teaching freedom: The ability of faculty to present material and viewpoints relevant to their subject.
- Campus debate: The right to express political or policy-related opinions.
Academic freedom is widely seen as essential for universities to function as spaces of intellectual discovery and democratic debate.
When Academic Freedom Has Limits
Although behavior and speech may be protected under the Constitution or school policies, universities must also enforce laws and policies prohibiting discrimination and harassment. This means that schools may be obligated to address conduct or speech that is protected by academic freedom if it creates a hostile environment for Jewish or Israeli students. Examples of conduct that could create a hostile environment include:
- Harassment or intimidation.
- Threats or violence.
- Discriminatory exclusion from campus spaces, events, or opportunities.
Key Insight: Public and private universities operate under different legal frameworks when it comes to academic freedom and speech. Public universities, as government institutions, are generally bound by constitutional free-speech protections, meaning they have limited ability to restrict speech. Private universities are not directly bound by the same constitutional requirements and therefore have more discretion to regulate speech under their own policies, although many still commit to protecting academic freedom and open debate.
Balancing Free Expression and Student Safety on Campus
The key challenge for universities is balancing enforcement of the rights to free expression and a non-discriminatory learning and work environment.
Questions institutions often consider include:
- Is the speech directed at a government, policy, or political ideology, or does it target Jewish or Israeli individuals or groups because of their identity?
- Does the conduct involve harassment, intimidation, or threats toward members of the campus community?
- Has the behavior created a hostile environment that interferes with a student’s ability to participate in academic or campus life?
- Is the expression part of legitimate academic inquiry or political debate, or does it rely on discriminatory stereotypes or collective blame?
- Does the activity comply with campus policies on discrimination, harassment, and equal access to education?
Because universities are both places of free expression and regulated educational environments, these determinations can be complex and context-dependent.
Strategies for Navigating Antisemitism and Academic Freedom
Maintaining both academic freedom and protections against antisemitism requires careful balance. Approaches used by many universities include:
- Clear policies and guidelines on free expression and harassment.
- Education about antisemitism and other forms of discrimination.
- Transparent procedures for reporting and addressing incidents of discrimination and harassment.
- Commitment to open debate while protecting students’ access to education.
Academic freedom and campus inclusion are not mutually exclusive. Universities must safeguard the open exchange of ideas while ensuring that all members of the academic community – including Jewish and Israeli students and scholars – can participate fully and safely in campus life.