NYCLU Cautions Campuses Against Policies Stifling Student Speech

Open letters follow Lippman Report, Urge NYU to Revise Nondiscrimination Policy

NEW YORK – Today, the New York Civil Liberties Union (NYCLU) announced it had sent letters to CUNY Chancellor Matos-Rodriguez, as well as New York colleges and universities, cautioning against the adoption of nondiscrimination policies that infringe on student speech and academic freedom. These letters directly respond to the Lippman Report and urge New York University (NYU) to revise its recently-updated anti-discrimination guidance relying on the overly-broad IHRA definition of antisemitism.

“Colleges and universities are supposed to encourage robust debate and difficult discussions — not threaten, punish, or arrest students for engaging in political advocacy,” said Donna Lieberman, executive director of the NYCLU. “We acknowledge the weight and complexity of this task, but as colleges contend with the challenge of managing rising campus tensions while keeping students safe, it is essential that university leaders remain steadfast in their commitment to free speech, open debate, and peaceful dissent on campus.”

“Advocating for school leaders to bring more cops onto campus, implement mask bans, or adopt overly broad Title VI policies will undoubtedly increase campus tensions and stifle protected speech,” said Johanna Miller, director of the Education Policy Center at the NYCLU. “While we strongly support the Lippman Report’s goals of creating safe campus environments, these suggestions put students closer to cops and into dangerous situations that could impact the rest of their lives. Instead of crushing speech and advocacy, schools should be exploring ways to help campus communities navigate conflict, foster dialogue and inquiry, and support, not suppress students who engage in political expression and with controversial debates.”

“NYU’s revised anti-harassment guidance misconstrues anti-discrimination law to censor and stifle campus speech,” said JP Perry, senior staff attorney at the NYCLU. “Title VI already offers strong protections for students who are subject to discrimination and harassment. NYU’s expansion of what constitutes discrimination is too broad and will inevitably infringe on lawful, important academic discussions and debates on campus about Palestine and Israel — it’s dangerous and puts academic freedom principles at risk.”

As outlined in the letter to Gov. Hochul and CUNY Chancellor Matos-Rodriguez, New York State’s recently issued Lippman Report made concerning suggestions — such as cracking down on protected political expression and bringing more law enforcement onto campuses — that would limit student speech, chill academic freedom, and possibly escalate violence or campus tensions.

NYU amended its anti-discrimination and anti-harassment guidance in August, adopting a new position prohibiting speech criticizing Zionism. As outlined in the letter to NYU, the policy goes beyond what Title VI requires, and could chill student and faculty speech that does not violate Title VI