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Cato Daily Podcast

Congress Should Make No Law Setting Speech Rules for Universities

May 18, 2024
Education policy expert Neal McCluskey and Nico Perrino from FIRE discuss the limited role Congress should play in regulating speech on college campuses, highlighting the complexity of free speech obligations at public and private universities. They delve into the potential violations of First Amendment rights caused by government interventions and the challenges universities face in balancing free speech with safety concerns.
15:25

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Quick takeaways

  • Congress passed the Anti-Semitism Awareness Act broadening anti-Semitism definition in colleges, potentially infringing on university autonomy.
  • Private universities can set their own speech policies, while public universities are pressured by the government to uphold free speech, raising concerns about influencing freedom of expression.

Deep dives

Congress's Involvement in Campus Unrest and Protests

Congress has taken action related to campus unrest and recent protests, notably passing the Anti-Semitism Awareness Act, which broadens the definition of anti-Semitism for investigations in colleges and universities. Additionally, the House Education and Workforce Committee is holding hearings with high-profile university presidents, questioning them about issues like anti-Semitism. The federal government's approach, especially towards private institutions, is critiqued for potentially overstepping boundaries and undermining autonomy.

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