- Volume 76, Symposium Issue
- Page 1537
Symposium 2024 - Speech at Twenty-First Century Schools and Universities
Academic Freedom and Discipline
The Case of the Arguably Peaceful Protestors
Jacob E. Gersen & Jeannie Suk Gersen *
Soon after Hamas’s attacks on Israel on October 7, 2023, and Israel’s military response in Gaza, a global spotlight focused on university members’ and leaders’ conduct and statements regarding those events. Intense debate ensued about what academic freedom means when university members’ political protest and speech are alleged to constitute forms of discrimination, harassment, and bullying of other members of the university. The debate revealed widespread uncertainty about the relationship between universities’ policies and attitudes on academic freedom on the one hand and universities’ disciplinary rules on the other hand. The aftermath also raised questions about the proper role of universities in speaking on world events. Every day, universities receive complaints from their members about other members’ violations of university policies. Those complaints are often investigated and adjudicated within a university’s disciplinary system. This Essay consists of a fictitious disciplinary proceeding within a hypothetical university’s complaint adjudication process. We present a written determination by adjudicators at a fictitious school, Newgarth University, who must decide whether to discipline students accused of policy violations during political protest. Our goal is to present examples of common intellectual positions in the terrain of academic freedom, discrimination, and university discipline. We hope that by making visible the most common intellectual approaches to navigating the intersection of political protest, academic freedom, discrimination, and university discipline, readers may better understand the legal terrain.