From Michelle Goldberg's op-ed piece
If I’d seen only that excerpt from the hearing, which has now led to denunciations of the college leaders by the White House and the Democratic governor of Pennsylvania, among many others, I might have felt the same way. All three presidents — Claudine Gay of Harvard, Sally Kornbluth of M.I.T. and Elizabeth Magill of the University of Pennsylvania — acquitted themselves poorly, appearing morally obtuse and coldly legalistic. It was a moment that seemed to confirm many people’s worst fears about the tolerance for Jew hatred in academia.
But while it might seem hard to believe that there’s any context that could make the responses of the college presidents OK, watching the whole hearing at least makes them more understandable. In the questioning before the now infamous exchange, you can see the trap Stefanik laid.
“You understand that the use of the term ‘intifada’ in the context of the Israeli-Arab conflict is indeed a call for violent armed resistance against the state of Israel, including violence against civilians and the genocide of Jews. Are you aware of that?” she asked Gay.
Gay responded that such language was “abhorrent.” Stefanik then badgered her to admit that students chanting about intifada were calling for genocide, and asked angrily whether that was against Harvard’s code of conduct. “Will admissions offers be rescinded or any disciplinary action be taken against students or applicants who say, ‘From the river to the sea’ or ‘intifada,’ advocating for the murder of Jews?” Gay repeated that such “hateful, reckless, offensive speech is personally abhorrent to me,” but said action would be taken only “when speech crosses into conduct.”
So later in the hearing, when Stefanik again started questioning Gay, Kornbluth and Magill about whether it was permissible for students to call for the genocide of the Jews, she was referring, it seemed clear, to common pro-Palestinian rhetoric and trying to get the university presidents to commit to disciplining those who use it. Doing so would be an egregious violation of free speech. After all, even if you’re disgusted by slogans like “From the river to the sea, Palestine will be free,” their meaning is contested in a way that, say, “Gas the Jews” is not. Finding themselves in a no-win situation, the university presidents resorted to bloodless bureaucratic contortions, and walked into a public relations disaster.
The anguished and furious reaction of many Jews to that viral clip is understandable. Jewish people of many different political persuasions have been stunned by the rank antisemitism and contempt for Israeli lives that has exploded across campuses, where Jewish students have been threatened and, in some cases, assaulted. This week, when I wrote that the backlash to anti-Israel protests threatens free speech, I received many emails from people who felt I was refusing to grapple with an evident crisis. “You are worried about an overreaction when there hasn’t yet been a sufficient reaction to the antisemitism terrifying Jewish students on campus,” said one.
But it seems to me that it is precisely when people are legitimately scared and outraged that we’re most vulnerable to a repressive response leading to harmful unintended consequences. That’s a lesson of Sept. 11, but also of much of the last decade, when the policing of speech in academia escalated in ways that are now coming back to bite the left.
Amid the uproar over the campus antisemitism hearing, many have claimed that if Stefanik were asking about attacks on any other ethnic group, there would have been no waffling. But Stefanik did ask about another group. Her first question to Gay was, “A Harvard student calling for the mass murder of African Americans is not protected free speech at Harvard, correct?” Gay started to respond, “Our commitment to free speech,” but Stefanik, perhaps realizing she wasn’t going to get the answer she wanted, cut her off and changed tack.
Yet clearly, at many universities, the defense of free speech has been inconsistent. Some elite schools now cloaking themselves in the mantle of the First Amendment to ward off charges of coddling antisemites have, in the past, privileged community sensitivity over unbridled expression. So when university administrators say, as Gay did, “We embrace a commitment to free expression, even of views that are objectionable, offensive, hateful,” many in the Jewish community see a galling double standard.
But as the Foundation for Individual Rights and Expression, a libertarian-leaning civil liberties group, said in a statement about the hearings, “Double standards are frustrating, but we should address them by demanding free speech be protected consistently — not by expanding the calls for censorship.” Unfortunately, that is not what’s happening.
“The general point that there’s a hypocrisy around free speech and an imbalance around free speech on college campuses is right,” said Ryan Enos, a Harvard professor of government. But, he said, many of the people pointing this out “are not doing it to stand up for free speech; they’re just doing it because they want to shut down speech they disagree with.”
Enos was a founding member of the Council on Academic Freedom at Harvard, formed this year. In October he resigned, because, he said, “Some of the leadership led the charge to restrict pro-Palestinian speech on campus.” When it comes to speech about Israel, there is plenty of hypocrisy to go around.
Like me, Enos found the hearings shocking, though not for the reasons many supporters of Israel did. At one point, Virginia Foxx, the North Carolina Republican who is the chairwoman of the committee holding the hearing, asked each of the presidents whether she believed that Israel has the right to exist as a Jewish state. Now, I think that calls to dismantle Israel are misguided at best and often despicable, but it was wildly inappropriate for educational leaders to be asked to affirm their Zionism before a government panel. It felt reminiscent of the anti-Communist witch hunts of the House Un-American Activities Committee: “Are you now, or have you ever been, an anti-Zionist?”
