PROFESSOR ANDREA MARTIN’S ARTICLE PUBLISHED IN BROOKLYN LAW REVIEW
December 2024 — Professor Andrea J. Martin’s article, “Balancing Freedom of Expression and Equality On College Campuses In the Wake of Intensified Antisemitism,” was published this month by the Brooklyn Law Review.
Professor Martin’s article describes the amplification of discourse surrounding the Israel-Palestine conflict 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 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 define 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.
Professor Martin’s article is available online.
Professor Andrea J. Martin researches the intersection of law and antisemitism within broad legal, historical, and political contexts and explores its connection to other forms of group-based hate. Her scholarship focuses on constitutional issues and the intersection of the law with historical and contemporary antisemitism and racism. Her scholarly work is dedicated to proposing legal strategies and policies to combat these issues.