By Tara Kent, Ph.D. Director, Office of the Registrar, The
American Musical and Dramatic Academy
The Spring 2024 commencement season for college graduates has reignited ongoing discussions on freedom of speech and antisemitism, which have taken center stage in Congress. Recent hearings conducted by the Committee on Education and the Workforce have
highlighted these issues, extending beyond just college students exercising their freedom of speech to support or oppose political agendas. Guest speakers invited to address graduates and students on college campuses have also been a focal point.
Representative Virginia Foxx of North Carolina has been vocal on antisemitism in higher education and freedom of speech. In a speech on the House floor on February 9, 2022, Foxx stated, "Allowing students to stand up for human rights and democratic values
on college campuses should not be a point of controversy," and "Condemning ethnic cleansing and genocide is not controversial." More recently, during a committee hearing titled "Calling for Accountability: Stopping Antisemitic College Chaos" on May
23, 2024, Foxx asserted, "The purpose of these hearings is not to enact 'right-wing cancel culture,' as purported by the Left. The purpose is to end antisemitic violence and harassment on campus, full stop."
However, as Ranking member Bobby Scott pointed out during the hearing, "Here we are for the fifth time in six months holding another hearing to complain about the problem of antisemitism, but no work is being done to find a meaningful solution to
address antisemites on college campuses." Higher education leaders face the challenge of balancing freedom of speech with protecting students' rights, religious freedom, and safety while pursuing their education on campus as they seek meaningful
solutions to address these complex issues.
The First Amendment & The Civil Rights Act of 1964
The First Amendment of the United States Constitution enshrines fundamental rights, stating: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Additionally, the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin.
Colleges and universities have a moral and legal obligation to uphold these principles, as violating the Civil Rights Act could result in the loss of federal funding, an expensive consequence. Maintaining an environment that respects these rights
is not only an ethical imperative but also a financial necessity for institutions of higher education. For those of us who have been working in the registrar's office for an extended period, the guidelines and policies related to freedom of speech
and discrimination may seem straightforward, akin to the existing academic policies in the college catalog or student handbook. One might wonder why finding solutions to the current issues on college campuses appears challenging when there are
federally mandated guidelines that would likely be upheld in court if adhered to.
Colleges and universities are not only required to follow federal laws but also have the authority to establish internal regulations to address issues related to discrimination, safety, and freedom of expression on their campuses. The principle is
clear: individuals are free to express themselves, but expressions that violate the Civil Rights Act of 1964 or are not peaceful in nature cannot be tolerated. Institutions have the responsibility to take measures necessary to ensure the safety
and protection of rights for all students.
While the concept may seem straightforward, its practical implementation can be complex, requiring thoughtful consideration and a nuanced approach to balance various rights and interests effectively. Open dialogue and a commitment to finding reasonable
solutions that respect diverse perspectives are crucial in navigating these sensitive issues within the higher education community.
Today’s Climate
The higher education landscape is facing significant challenges. Recent research has shown a decline in public confidence in colleges and universities, with the percentage of Americans expressing confidence dropping from 57% in 2015 to 36% currently.
Institutions are anticipating lower enrollment numbers next year, partly due to the lingering effects of the 2007 Great Recession. Furthermore, higher education institutions are experiencing considerable demographic shifts, including a decreasing
proportion of male students in comparison to their female counterparts. (Kaufman & Stukenberg, 2024).
The ongoing discussions concerning freedom of speech and antisemitism continue to be prevalent in congressional chambers and boardrooms across college campuses nationwide. Various factors, including political developments, global conflicts, and high-profile
figures expressing controversial opinions on sensitive topics such as women's rights, LGBTQ+ issues, and diversity and equity initiatives, have fueled these dialogues.
Unfortunately, the current climate suggests that these discussions are likely to continue. However, there is hope that institutions of higher education can continue to excel in their role, as expressed by President Jonathan Holloway of Rutgers during
the hearing on antisemitism last month when he stated, "I still maintain, however, that the best way to address that injury is to do everything that we can to recommit to educating our community so that it comes to understand that there
is a better way to discuss and debate contentious ideas."
Solutions
Efforts have been made to provide potential solutions through studies and research. Institutions of higher education have the authority to establish their own policies aligned with their institutional missions. These policies could involve promoting
dialogue, such as holding pre-event meetings to facilitate rational discussions between members of different groups. Such an approach can help discourage disruptions that may lead to traumatic experiences during events like graduation ceremonies.
Institutions can implement freedom of expression policies that encourage collaboration between diverse groups, allowing for the exchange of experiences and viewpoints at reasonable times and places, while employing restrictions on conduct to ensure
respect for all. The manner of expression should be clearly defined and demonstrated. These recommendations offer a unique learning opportunity where the principles of democracy are nurtured and valued (Kaufman & Stukenberg, 2024).
The Road Ahead
As colleges and universities navigate the intricate balance between upholding freedom of speech and addressing antisemitism on campuses, the path forward requires a multifaceted approach. Fostering open and respectful dialogue, implementing
well-defined policies, and cultivating an environment that nurtures critical thinking and values of active civic engagement are essential. By embracing their role as institutions that shape future generations of informed and engaged citizens,
higher education can provide guidance on navigating complex issues with wisdom and empathy. Despite the challenges, a commitment to education, reasoned discourse, and the protection of fundamental rights can pave the way for meaningful
solutions that unite rather than divide. The road ahead may be strenuous, but the pursuit of a society where freedom of expression and respect for diversity coexist remains a worthy endeavor for the academic community.