PROFESSOR ANDREA MARTIN’S ARTICLE ACCEPTED FOR PUBLICATION BY BROOKLYN LAW REVIEW
March 2024 — Professor Andrea J. Martin’s article, “Balancing Freedom of Expression and Equality On College Campuses In the Wake of Intensified Antisemitism,” was accepted for publication by the Brooklyn Law Review.
Professor Martin’s article describes the amplification of the Israel-Palestine conflict discourse and the intensification of antisemitism on college campuses since October 7, 2023. University administrators are obligated to effectively balance the protection of free speech with the prevention of student conduct that is antithetical to an institution’s mission and values. Achieving this equilibrium is critical because inherent dangers lie in limiting liberty for student advocates, and also in endangering students due to hostile campus environments. As scholars debate how university administrators can effectuate both important interests, some argue that one must outweigh the other and reluctantly choose between deeply valued principles of freedom of expression and equality.
Professor Martin argues that neither principle needs to be abandoned. Rather than simply prioritizing free speech as a constitutional right that trumps statutory civil rights law, or arguing the untenable position that free speech rights must be curtailed when the harm of discrimination is at stake, she analyzes First Amendment doctrine in the post-secondary school context to demonstrate the line between protected campus speech and unprotected speech and actions that substantially disrupt and interfere with the order and functions of universities. Her Article proposes that administrators uphold values of respect, integrity, and community by communicating and enforcing content-neutral campus advocacy policies, condemning hatred, and promoting the inclusion of all voices as fundamental to the free expression of ideas and learning. She posits that during this time of heightened anti-Israel advocacy and increased antisemitism, American institutions of higher learning have a legal obligation and moral duty to set constitutional parameters for campus advocacy and to create rules of engagement that facilitate constructive dialogue about conflict in the Middle East.
This article is scheduled to be published in the Winter of 2024, in Volume 90 of the Brooklyn Law Review.
Andrea J. Martin is an assistant professor of law and recipient of the Penn State Dickinson Law Phillip M. Scott Teaching Excellence Award. Her research draws on constitutional and legal history to explore and analyze current social justice issues including American Indian sovereignty rights, antiracism and antisemitism in education, and voter suppression.
Prior to joining Dickinson Law, Martin spent twelve years as a strategic legal advisor, managing business and regulatory legal affairs at a multi-billion-dollar company. She gained diverse experience in general corporate matters and regulatory compliance, providing astute counsel
and employing a pragmatic approach to law and the needs of the business. Professor Martin also served as a Special Assistant Attorney General in the Appellate Division of the Rhode Island Department of Attorney of General, drafting appellate briefs and presenting compelling arguments before the Rhode Island Supreme Court, the U.S. District Court for the District of Rhode Island, and the United States Court of Appeals for the First Circuit.
She is actively involved in diversity and inclusion efforts and served on the Governor’s Task Force on Diversity, the Governor’s Commission on Prejudice and Bias, and the Thurgood Marshall Lawyer’s Society. She has also taught legal writing in the CLEO (Council on Legal Education Opportunity) program to increase the number of lawyers from diverse backgrounds and served as a chairperson for the 17th Annual Lutie A. Lytle Black Women Law Faculty Workshop and Retreat. Professor Martin has served on the boards of many nonprofit and community development organizations including the YMCA, Caritas House and Pink Out, Inc., and is currently a member of the Penn State Hillel Board of Directors.
Professor Martin received her J.D. from Howard University School of Law, M.B.A. from Suffolk University, and B.A. in History from the University of Rhode Island. Her interests and hobbies include art history, Holocaust studies, and writing.