Trey Dimsdale: How has October 7 changed the character and frequency of antisemitic incidents on university campuses?
Ken Marcus: Since October 7, 2023, we have seen a massive increase in the volume of incidents reported to us from on and off of university campuses. The campus numbers today are not quite what they were a year ago, but they remain significantly higher than prior to October 7. We are hearing from more people, including Jewish faculty as well as students, and also some non-Jewish staff who have been attacked based on the perception that they are supporters of the Jewish community. There has been more of everything, including physical assault, hostile environment claims, and retaliation.
Trey Dimsdale: Has the federal government’s approach to combatting antisemitism under Title VI of the Civil Rights Act proven to be effective? What holes still remain?
Ken Marcus: The federal government’s response has been very effective. The Biden administration may not have been as strong on the issue as the Trump team, but at least they raised public awareness of the issue. The House of Representatives has been very strong. The hearings and investigations of the House Education and Workforce were especially impactful, but that has also been true of other committees, such as Judiciary and Ways and Means. The Trump administration has been by far the most forceful presidential administration in dealing with campus anti-Semitism, and that has unquestionably gotten the attention of university administrations. In the Brandeis Center’s cases, we believe that continued pressure from the federal government has been very useful in ensuring strong resolutions. I would like to see more forceful administration by the Trump administration specifically of President Trump’s excellent executive orders. Given the limited period of presidential administrations, it would be especially important for the administration to take some actions that will last beyond the present four years. That could include, for example, formal regulations from the Education Department.
There has been more of everything, including physical assault, hostile environment claims, and retaliation.
Trey Dimsdale: What role could states play in protecting Jewish students on campus? Are there any states that are making progress on this front?
Ken Marcus: States play a critical role in protecting Jewish students on the campuses of state universities. Many states have addressed this effectively by passing state statutes on campus anti-Semitism, typically incorporating the International Holocaust Remembrance Alliance’s Working Definition of Anti-Semitism.
Trey Dimsdale: University administrators almost always claim that they are protecting the first amendment speech rights of students when they do not respond to antisemitic incidents. When is that a legitimate concern and when is it merely an excuse for failing to protect Jewish students?
Ken Marcus:If university administrators were really concerned about protecting students’ First Amendment rights, they would do so forcefully, even-handedly, and without double standards. Instead, they too often have two First Amendments: the robust one that protects speech and even conduct that they like and the puny one that protects speech that they disfavor. We routinely see Jewish students prevented from expressing their opinions or facing repercussions if they do so, often by the same groups that loudly insist on their supposed constitutional rights to engage in unlawful activity.
Trey Dimsdale: If you could require every university president in America to make three reforms today to improve the environment for Jewish students on campus, what would they be?
If university administrators were really concerned about protecting students’ First Amendment rights, they would do so forcefully, even-handedly, and without double standards.
Ken Marcus: First, adopt the IHRA Working Definition, at least to the extent that it is incorporated into President Trump’s Executive Orders and with the same guardrails to protect free speech. Second, explain in the campus policy documents that excluding Zionists from student activities is a violation of university policy. Third, develop and enforce policies that prohibit students as well as nonstudents from wearing masks to facilitate their violation of state laws and school rules. Do all of these things now, rather than waiting to be sued by the Brandeis Center or the Trump administration.
Trey Dimsdale is president of the Ayaan Hirsi Ali Foundation. Ken Marcus is the founder, chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law.