Tyranny of an organized minority: Free speech standards in higher education

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This panel will consider the symmetry and consistency of free speech norms in higher education. Academic norms for free speech are essential to promote the free exchange of ideas. Students and professors must be free to engage with mutual respect while drawing a line at harassment. But has academia failed to recognize consistent speech harassment distinctions? Have there even been decisions that turned on the identities of the group involved?


  • Prof. David Bernstein, University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
  • Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law, UCLA School of Law
  • Jay Edelson, Founder & CEO, Edelson PC
  • Prof. Todd J. Zywicki, George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
  • Moderator: Marcella Burke, Founder and Managing Partner of Burke Law Group PLLC


As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.