Not only have universities, thus far, failed to punish student speech celebrating the killing of Israelis, but universities also have sought to render such speech costless for students by setting up anti-doxxing task forces and pleading with prospective employers who have threatened to rescind job offers.
In recent years, many universities have aggressively condemned and punished speech they found odious. Elite universities have canceled speakers who have expressed doubts about the benefits of diversity, fired untenured faculty for expressing doubts about affirmative action and revoked offers of admission based on student social medial posts. Despite well-documented cases of hateful speech and even physical intimidation after Oct. 7, universities have been largely mum on student discipline.
Such hypocrisy is not only unseemly, but it also is potentially illegal in ways that have not been fully recognized. Title VI of the Civil Rights Act of 1964, prohibits discrimination on the basis of race, color and national origin in activities that receive federal financial assistance. This law, long dormant in higher education, has newfound prominence after the U.S. Supreme Court relied on it to strike down affirmative action at Harvard University this year.
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