More on Free Speech on Campus, Title VI, and Anti-Israel Speech

Judge John Cronan declined to dismiss plaintiffs' claims alleging a hostile educational environment for Jewish students at Cooper Union .

He said those claims could not be based on certain political speech that the college had tolerated.

Cronan : The question is whether Congress has an obligation to expose colleges and universities to liability for a hostile environment.

The First Amendment cannot be evaded through the motte-and-bailey routine of professing to concede that " Title VI does not compel a school to restrict speech" The usual and preferred remedy under the First Amendment to offensive—even grotesque—political expression has always been "more speech" Gartenberg is wrong to suggest that the Court misunderstood the fact that schools have tools at their disposal to comply with Title VI short of censoring political speech.

The Court in no way questions the genuine pain that much of the discourse surrounding the Israeli -Palestinian conflict has inflicted, and continues to inflict, on Jewish college students across the country.

Some of that speech can readily be understood by Jewish students as antisemitic.

But the Court's Opinion and Order also meant what it said about the First Amendment .