Materials for “Hot Speech” Program on March 28, 2024
Hot Speech On Campus
- American Bar Association: Standard 208 on Academic Freedom and Freedom of Expression (2/2024)
- “ABA’s New Law School Free Speech Requirement Just Makes Everything Worse” – Above the Law (2/6/24)
- AAUP 1915 Declaration of Principles
- AAUP 1940 Statement of Principles on Academic Freedom and Tenure (updated, April 1970)
- AAUP June 1967, Sept. 1990, 1991, Nov. 1992 — Joint Statement on Rights and Freedoms of Students
- AAUP Academic Freedom in Times of War (10/24/23)
- PEN America: 2019 Principles on Campus Free Speech
- PEN America: “Chasm In the Classroom: Campus Free Speech in a Divided America”
- PEN America: Campus Free Speech Guide
- Kalven Report – Report on the University’s Role in Political and Social Action (Univ. of Chicago, Nov. 1967)
- Robert C. Post, “The Kalven Report, Institutional Neutrality and Academic Freedom” (1/17/24) (Unpublished manuscript; available on SSRN)
- Robert C. Post, “Comment on freedom of Expression In American Legal Education,” 51 Hofstra L Rev 667 (2023)
- Robert C. Post, “The Classic First Amendment Tradition Under Stress: Freedom of Speech and the University,” in The Free Speech Century (Oxford Univ. Press 2019) (L. Bollinger and G. Stone, eds.)
- Cass R. Sunstein, “Free Speech on Campus? Thirty-seven Questions (And Almost as Many Answers,” (1/2/24) (Unpublished discussion draft; available on SSRN 1-2024 SSRN-id674320)
- Stephanie Saul, “At Penn, President’s Exit Fails to quell Turmoil,” New York Times (1/30/24)
- James Freeman, “Faculty for Yale,” Wall Street Journal Op Ed (2-15-24)
- Stephen L. Carter, “Why Free Speech Matters: College is All About Curiosity, and that Requires Free Speech,” New York Times Magazine (1/24/24)
- Jeannie Suk Gersen, “The Future of Academic Freedom,” The New Yorker Weekend Essay (1/27/24)
- Lawsuit at Sarah Lawrence
- Vimal Patel, “The Man Who Helped Redefine Campus Antisemitism”
- Eyal Press, “The Problem with Defining Anti-semitism,” The New Yorker (3/13/24)
- Dara Horn, “Why the Most Educated People in American Fall for Antisemitic Lies,” The Atlantic (2/15/24)
- Kate Zernike, “The Campus Wars Aren’t About Gender … Are They?” New York Times, (1/28/24)
- Jesse Wegman, “How are Students Expected to Live Like This on Campuses?”
- The Harvard Crimson: “Discontinuation of Student Funding”
- Keith E. Whittington, “A Recent Appeals Court Ruling Imperils Academic Freedom” (7/10/23)
- Title VI of the 1964 Civil Rights Act 42 USC 2000d et seq.
- New York City Bar Association Statement on Statement by CUNY on Fatima Mohammed Speech (7/23)
- Lawsuit at Berkeley
- Theo Baker, “The War at Stanford,” The Atlantic (3-26-24)
The Role of the Press
- Sharon Otterman, “How a 6-Second Video Turned a Campus Protest Into a National Firestorm,” New York Times (12/18/23)
- Najib Aminy, “Gaza: A War of Weapons and Words,” Reveal podcast
- Rick Perlstein,”Metaphors Journalists Live By (Part I),” The American Prospect (1/17/24)
- Rick Perlstein, “Metaphors Journalists Live By (Part II),” The American Prospect (1/18/24)
- Philip Bump, Furor Over the Ivies — and Crickets About Florida, Wash. Post, Dec. 8, 2023
- Paul Krugman, The Biggest Threat to America’s Universities, N.Y. Times, Dec. 15, 2023
- Don Moynihan, How the Higher Education Outrage Sausage Is Made, Can We Still Govern?, Mar. 7, 2023
- Afshan Jafar, Anil Kalhan, Emily M.S. Houh, and Henry Reichman, We Fear a Dystopian Future for Florida’s Public Universities, TAMPA BAY TIMES, Dec. 16, 2023, at 22A
- Afshan Jafar, Henry Reichman, Davarian Baldwin, Emily M.S. Houh, Anil Kalhan, Charles Toombs, &Brian Turner, AAUP Special Committee on Florida, Political Interference and Academic Freedom in Florida’s Public Higher Education System (Dec. 2023)
Hot Speech in the Workplace
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- Letter from 137 Law Firms to Law School Deans (11-1-23)
- Muslim Bar Association Response to Letter from Law Firms to Law School Deans (11-11-23)
- Jeremy Peters, “The ACLU Said a Worker Used Racist Tropes and Fired Her. But Did She?”
- Ishan K. Bhabha, Lauren J. Hartz, et al., Jenner & Block LLP, “Client Alert: DEI in the Crosshairs: Reflections on 2023 and Predictions for 2024” (1/10/24)
- National Association of Law Placement Recruitment Principles
- Joseph Goldstein, “Israel-Hamas Posts Cost 2 Doctors Their Jobs. Then Their Fates Diverged,” New York Times (2-1-24)
- U.S. Equal Employment Opportunity Commission
- Eli Saslow, “Can He condemn the Killings Without Causing More Pain?” New York Times (12/31/23, updated 1/3/24)
- Charlotte Garden, “Was It Something I Said?” Economic Policy Institute, Unequal Power (5/5/22)
- The Legal Aid Society Statement In Response to the Union’s Message (11/5/23)