Universities must protect both speech and student safety

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Freedom of speech is one of the core principles of America’s First Amendment. It is often defined as a person’s right to say whatever they like, as long as such speech does not endanger someone else’s personal safety. This goes to the heart of a crucial idea, which is that speech — even speech that we find repugnant — is different from conduct.

The boundaries of that idea have been tested in recent years in many ways. They were tested again last week when three presidents of elite US universities — the University of Pennsylvania, Harvard, and MIT — appeared before a House committee examining antisemitism on campuses in the wake of the Israeli war in Gaza. A wave of pro-Palestinian protests have hit campuses all over the US, where university politics lean heavily to the left.

Such schools have in recent years tended to err on the side of condemning those who champion impolitic views, often conservative ones, or criticise leftwing ideas such as critical race theory. Now, that tendency has left them straddling an uncomfortable line between protecting individuals and protecting free speech.

Pro-Palestinian protesters on campuses chant slogans like “Intifada now,” or “From the river to the sea, Palestine must be free,” which some interpret as a call for genocide against Jews. There have also been increasing episodes of harassment of Jewish students on campuses. In many cases, perpetrators have not been cancelled or fired as they might have had they criticised, say, affirmative action or used hateful language against minority students. This has provoked outrage among many (including some powerful donors) who feel universities are turning a blind eye to antisemitism.

The issue has now reached a tipping point. When asked if it would be against university bullying and harassment policies if someone on campus called for a genocide of Jews, none…