David Bernstein | 1.7.2026 12:52 PM

My latest article, Title VI Hostile Environment Law in the Shadow of Antisemitic Violence, forthcoming in the Journal of Free Speech Law, is now available to download. The article is forty pages long, but its basic contribution comes down to this: discussion by judges and commentators of hostile environment complaints filed by Jewish students have largely ignored the fact that Jewish students across the US have faced violence, threats, and intimidation since October 7, in a national environment in which Jews more generally have faced a similarly threatening environment, including several murders. This article, in contrast, analyzes the relevant Title VI issues, including the freedom of speech of protestors, in light of that environment, and concludes that rather than focusing on whether speech protected by the First........

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