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Constitutional Law

Mar. 14, 2024

Can campuses be safe for students and free speech?

Colleges and universities can avoid conflicts between free speech and anti-harassment rights, such as enforcing policies consistently, imposing content-neutral time, place, and manner restrictions, speaking out against toxic speech, and intervening when there is disruption or threat of violence.

Michael Blacher

Chair
Liebert Cassidy Whitmore

Email: mblacher@lcwlegal.com

Michael Blacher chairs Liebert Cassidy Whitmore's Private Education Practice Group and represents educational institutions in all aspects of labor, employment, and education law.

David Urban

Senior Counsel
Liebert Cassidy Whitmore

Email: durban@lcwlegal.com

David Urban, senior counsel at Liebert Cassidy Whitmore, represents public and private educators as well as public agencies in all aspects of labor and employment law.

Can campuses be safe for students and free speech?
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Almost 60 years ago, the Free Speech Movement started at U.C. Berkeley. In the months and years that followed, the campus was shocked by virulent protests that ignited an American tradition – youth-generated and student-supported freedom of speech, expression and thought.

The campus scene in 2024, with its clashes related to Israel’s actions in response to the Hamas attack, is just as vitriolic if not more so. Unlike the 1960s, however, to...

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