Alarmed by the sharp rise in campus antisemitism and facing intense pressure from both Democrats and Republicans to end it, the Department of Education’s Office of Civil Rights has launched dozens of investigations of colleges and universities.
Although the Department has for decades interpreted Title VI of the 1964 Civil Rights Act to cover religious discrimination or harassment based on “shared ancestry ,” enforcement efforts have skyrocketed. In the last year, the Office of Civil Rights has issued four guidance letters and opened at least 145 investigations , 80 percent of them involving claims of antisemitism.
Unfortunately, the Office of Civil Rights is applying standards that are legally problematic, burdensome and virtually impossible to meet. But many schools, petrified of cuts in federal funding and other sanctions, have responded with restrictions on campus protests that undermine the free, unfettered expression and robust debate that are central to their academic mission.