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'Indifference Is Complicity': Hate Speech Must Be Countered
The First Amendment has worked for centuries because despicable and hateful speech has been countered and overridden by rational and moral discourse. As lawyers and citizens, we need to stay that path.
July 25, 2024 at 04:06 PM
3 minute read
As strong supporters of the First Amendment, we have recognized the right of students and other protesters to express their views on the Gaza war, consistent with constitutional limits on speech and the requirements of Title VI and state antidiscrimination laws prohibiting hostile educational environments. But the recognition of the right to speak does not mean we are blind to the consequences—no doubt unintended by some of the many well-meaning protesters—of that speech.
In the past months, hate crimes against Jews have increased exponentially. Jewish students on campuses have been subject to unconscionable harassment and have reported feeling afraid to attend classes in person or even to walk across campus. At the annual Israel Day parade in New York, families of hostages to Hamas were met with "Kill All the Hostages" signs. Even before the horrors of Oct. 7, Jewish and Muslim places of worship throughout New Jersey and the country have installed metal detectors and employed armed guards. In a recent survey, nearly half of the registered Jewish voters in New York stated that they felt unsafe. Recent studies at Harvard revealed that both Jewish and Muslim students feel unsafe on campus. This level of religious discrimination and hate is both dangerous and contrary to all of our shared values. It is also wrong to blindly accept as justification of this antisemitism that it is not the same as criticizing Israel. In many instances, that is little more than a fig leaf used by the same to justify the insidiousness of what is occurring.
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