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Free Speech vs. Security: Dershowitz Weighs In on Campus Protests

Harvard Professor Emeritus Alan Dershowitz emphasized the need to balance free speech protections with security concerns amid escalating anti-Israel protests on U.S. campuses. He argued that while free speech remains a cornerstone of constitutional rights, universities and law enforcement must address threats of violence or antisemitic harassment tied to demonstrations. Dershowitz stressed that , but governmental censorship requires strict scrutiny to avoid violating First Amendment principles.

Recent protests, including encampments and building occupations at Columbia University and UCLA, have tested this balance. Pro-Palestinian activists defended their actions as protected speech, while critics highlighted incidents like the May 1 attack at UCLA, where pro-Israel counterprotesters assaulted students and invoked Nazi rhetoric. Dershowitz cautioned against conflating lawful protest with violence, noting that under Supreme Court precedents like Brandenburg v. Ohio.

On immigration policy, Dershowitz supported screening foreign nationals’ social media for antisemitic rhetoric as a condition for entry, arguing that non-citizens lack unconditional free speech rights in the U.S. He dismissed claims that such measures suppress discourse, stating, “Free speech is not being violated if someone speaks from outside the country”.

The protests have intensified debates over academic freedom, with universities suspending students, canceling graduations, and facing lawsuits over alleged antisemitism. Dershowitz urged institutions to adopt viewpoint-neutral policies, warning that selectively punishing speech based on ideology risks eroding trust in higher education. However, he acknowledged universities’ right to enforce time-and-place restrictions to prevent disruptions.

Critics argue the crackdowns disproportionately target pro-Palestinian voices, while supporters cite a 628% rise in campus antisemitic incidents linked to protests. Dershowitz’s stance reflects his long-standing defense of free expression for all sides, even as he condemns violence: “The answer to false speech is true speech—let the marketplace decide”.

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