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Critics argue report dismisses antisemitism
The American Civil Liberties Union claims in a new report that college campuses are suppressing pro-Palestinian speech. But some scholars worry this claim ignores widespread harassment faced by Jewish students.
In collaboration with Amnesty International USA, the ACLU released a report called “Student Speech Under Attack: Suppression of Pro-Palestine Speech and Dissent on Campus” on September 23.
According to the report, pro-Palestinian speech and expression have faced severe retaliation since late 2023 on college campuses across the nation. Amnesty International has declared the war in Gaza an ongoing genocide, according to a press release from the ACLU.
“Universities and colleges must take all possible measures to ensure that their campuses are spaces where students may exercise their rights to freedom of speech and expression without fear of unwarranted punishment or retaliation regardless of viewpoint,” said Jennifer Turner, principal human rights researcher in the ACLU’s Human Rights Program.
Information for the report was gathered from a two-year investigation covering 80 colleges and universities across 28 states and the District of Columbia.
The report documents the response of colleges and universities to protesters and the “rise of surveillance on campus to identify those who expressed pro-Palestinian views,” according to the ACLU.
It cites Office for Civil Rights investigations into antisemitic harassment across several universities, including a February 2025 probe into the University of California Berkeley.
The ACLU and AIUSA argue that UC Berkeley’s adoption of the International Holocaust Remembrance Alliance’s definition of antisemitism has stifled criticism of Israeli policies, according to The Daily Californian.
The IHRA defines antisemitism as “a certain perception of Jews, which may be expressed as a hatred toward Jews.” One of the manifestations of antisemitism is the targeting of the state of Israel, according to the IHRA.
The ACLU also criticized actions taken by the Trump administration to combat campus antisemitism, claiming it withheld federal funding to pressure universities into accepting agreements which ultimately curtailed free expression.
“The Trump administration’s targeting of students and faculty who oppose Israel’s ongoing genocide in Gaza is dangerously reminiscent of McCarthy-era censorship and a blatant violation of academic freedom,” said Justin Mazzola, deputy director of research at AIUSA.
Additionally, the report claimed that noncitizen students and scholars were targeted based on their political views and advocacy for Palestinian rights.
However, pro-Israel advocates argue that the report conflates protected political speech with unlawful harassment and targeted discrimination.
StandWithUs Northern California Executive Director Oleg Ivanov told The College Fix, “Free speech and protecting Jewish students from discrimination are not competing values.”
“Universities have an obligation to uphold both,” he said.
StandWIthUs is a nonpartisan international organization supporting Israel and fighting antisemitism.
Additionally, Ivanov said, “Criticism of an Israeli government or its policies is also not the same as opposition to Zionism itself, the movement for Jewish self-determination in the Jewish people’s ancestral homeland.”
“Universities should be places where difficult ideas can be debated freely without any student being targeted because of their identity,” he said.
He added that colleges should allow space for active political debate on Israel while ensuring equal protection against antisemitism and discrimination for Jewish and Israeli students.
Reached for comment, the Brandeis Center directed The College Fix to its press release on UC Berkeley’s landmark settlement over antisemitism on campus.
“…the discriminatory conduct at UC Berkeley began well before October 7, 2023, when nine law student organizations at UC Berkeley School of Law amended their bylaws to ensure they would never invite any speakers that support Israel or Zionism – regardless of the topic of their speech,” the release states.
“As a UC Berkeley alumnus, I am glad that we can finally resolve this long battle with a victory for Jewish American students and for all Americans who care about free speech and fairness,” said Hon. Kenneth L. Marcus, chairman of the Brandeis Center and former U.S. Assistant Secretary of Education.
The College Fix reached out to the ACLU and AIUSA for more information on the report, but did not receive a response.
The ACLU’s report also details multiple suggestions for university leadership and law enforcement.
It encourages campuses to uphold free speech protections for all, keeping campus policies viewpoint neutral, especially regarding discrimination policies, and to establish strict limits on law enforcement and the usage of crowd-control weapons during protests.
It also outlines calls for reform within the Trump administration and Congress regarding free speech, Title VI investigations, and immigration policies.
