The past several years have been defined by an intense focus on the intersection between free speech and an institution’s need to maintain an educational environment free from harassment and discrimination. Private institutions sit in a particularly complex space within this nexus — while not legally required to follow the First Amendment and permit all manner of speech, many institutions aspire to or have, by matter of policy, incorporated First Amendment principles into their culture. Effective counseling in this space requires a deep understanding of the political context and the ability to present numerous options and explain their attendant risks.
Our experience includes:
The past several years have been defined by an intense focus on the intersection between free speech and an institution’s need to maintain an educational environment free from harassment and discrimination. Private institutions sit in a particularly complex space within this nexus — while not legally required to follow the First Amendment and permit all manner of speech, many institutions aspire to or have, by matter of policy, incorporated First Amendment principles into their culture. Effective counseling in this space requires a deep understanding of the political context and the ability to present numerous options and explain their attendant risks.
Our experience includes:
- Counseling and representing institutions involved in litigation and investigations by U.S. Office for Civil Rights, U.S. Department of Justice and New York State Division of Human Rights on issues involving antisemitic, anti-Palestinian, anti-Arab and Islamophobic discrimination.
- Drafting and revising nondiscrimination, event and guest speaker and time/place/manner policies, including numerous student- and community-facing communications to promote compliance with such rules during protests.
- Advising leadership, conduct administrators and nondiscrimination offices on particular conduct cases and the legal standards under which they may be challenged, including as applied to student groups.
- Assisting institutions in navigating claims of academic freedom in turbulent situations, including advice as to the boundaries of academic freedom and its differences compared to free speech for both faculty and students.
- Assisting institution in creating first-of-its kind position for Title VI coordinator role, ahead of New York mandate for such a role.
- Creating and disseminating mandatory, universitywide nondiscrimination trainings.
- Developing and advising on numerous proactive strategies to address and prevent legal concerns.
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