Higher Education in Turmoil: Balancing Academic Freedom and the Fight Against Antisemitism

Following the Trump administration's decision to revoke $400 million in federal funding over Columbia University's failure to protect Jewish students, the university announced sweeping policy changes. Meanwhile, the U.S. moved to deport former Columbia student and pro-Palestinian activist Mahmoud Khalil, accusing him of concealing his ties to UNRWA and participating in antisemitic campus protests. Dr. Laura Shaw Frank, Director of AJC's Center for Education Advocacy, joins People of the Pod to discuss the delicate balance between combating antisemitism, safeguarding free speech, and ensuring campuses remain safe for all students. ___ Resources: Leaders for Tomorrow : AJC's Flagship Leadership Development Initiative for High School Students AJC Supports Action on Antisemitism, Warns Against Overly Broad Funding Cuts Guidance and Programs for Higher Education Spaces The State of Antisemitism in America 2024 Report AJC Statement on ICE Proceeding Against Mahmoud Khalil Listen – AJC Podcasts: - The Forgotten Exodus : with Hen Mazzig , Einat Admony , and more . - People of the Pod : Spat On and Silenced: 2 Jewish Students on Fighting Campus Hate Meet the MIT Scientists Fighting Academic Boycotts of Israel Will Ireland Finally Stop Paying Lip Service When it Comes to Combating Antisemitism? Held Hostage in Gaza: A Mother's Fight for Freedom and Justice Follow People of the Pod on your favorite podcast app, and learn more at AJC.org/PeopleofthePod You can reach us at: peopleofthepod@ajc.org If you've appreciated this episode, please be sure to tell your friends, and rate and review us on Apple Podcasts or Spotify. __ Transcript of Conversation with Laura Shaw Frank: Aaron Bregman: Hi, this is Aaron Bregman, AJC's Director of High School Affairs. If you're the parent of a Jewish high school student, you've probably asked yourself, "How can I help my teen feel proud and prepared to lead in today's world?" Well, that's exactly what AJC's Leaders for Tomorrow program, or LFT, is all about. LFT gives Jewish teens the tools to navigate challenging conversations and advocAte about antisemitism and Israel—whether in the classroom, online, or in their community spaces. Our monthly deep-dive sessions into the issues faced by Jews - both historically and today - become the place where LFT students find community, build confidence, and strengthen their Jewish identity. If your teen is ready to expand their understanding of what it means to be a Jewish leader — have them visit AJC.org/LFT to learn more. Let's give them the tools they need to step up, speak out, and lead with pride. Again, that's AJC.org/LFT . Manya Brachear Pashman: Three federal agencies said this week that they welcomed the policy changes that Columbia University announced Friday, following the Trump administration's revocation of $400 million in federal funding. The government recalled the funding in response to the university's failure to enforce its own rules to protect Jewish students after the terror attacks of October 7, 2023. Masked protesters of the Israel Hamas War spewed antisemitic rhetoric, built encampments that blocked students from attending classes and, in some cases, took over classes. Also this week, the government announced new charges against Mahmoud Khalil, an Algerian citizen and green card holder here in the United States, and a former Columbia University graduate student who was detained due to his activism on campus. International students on other campuses also have been detained in the weeks since. As a community that values academic freedom, as well as freedom of expression, and democracy, how do we balance those values with the importance of fighting antisemitism and making sure our campuses are safe for Jewish students? With me to discuss this balancing act is Laura Shaw Frank, director of the AJC Center for Education Advocacy and director of AJC's Department of Contemporary Jewish Life. Laura, welcome to People of the Pod. Laura Shaw Frank: Thanks, Manya. Good to be with you. Manya Brachear Pashman: So let's start with the issue of Mahmoud Khalil, a former Columbia University graduate student. He was detained due to his activism on campus. And we're learning from government this week that he reportedly did not disclose that he was a member of the United Nations Relief and Works Agency for Palestinian Refugees (UNWRA) as a political officer. And he was also part of Colombia's Apartheid Divest movement when he applied to become a permanent resident in 2024. He was taken into custody, though, in a very troubling way. And frankly, he was one of the few who didn't conceal his identity during the protests and encampments. He negotiated with the University. What is AJC's stance on this? Laura Shaw Frank: Great question Manya, and it deserves a very, very careful and nuanced answer. So I want to start by saying that AJC, as it has always done, is striving enormously to remain the very nuanced and careful voice that we always have about every issue, and particularly about the issues that we're talking about here, which are so so fraught in a moment that is so so fraught. AJC issued a statement that we published on X and on our website that talked about the fact that we deplore so many of Mahmoud Khalil's views and actions. And at the same time, it is critically important that the government follow all rules of due process and protections of free expression that we have in our country. And I wanted to emphasize, while I am an attorney, my law degree is incredibly rusty, and I'm not going to pretend to know all the legal ins and outs here, but I do know this, that free speech does attach, even for non-citizens in this country. So we're trying to express a very careful position here. It is possible that Khalil needs to be deported. It is very possible. What has to happen, though, is a trial with due process that is open, transparent and legal. And once those factual findings are determined, if it is the case that Khalil has violated United States law, and has provided material support for terror, and I know the government is actually no longer relying on that particular statute, or has endangered US interests, I don't remember exactly the language that the statute has, but endangered US interests, then he can be deported. But we want to make sure that even as we deplore so much of what he has stood for--he's been the spokesperson for Columbia University Apartheid Divest, which is sort of an umbrella organization for many, many other student organizations at Columbia, including Students for Justice in Palestine, which was banned from campus, and some other groups which have espoused terribly antisemitic and anti-Israel views and actions on campus. They have engaged in protest activity that has been at times violent and exclusionary of Jewish students. There's a lot to be horrified by there. And even as we abhor all of that, we love America, we love due process, we love democracy, and we feel very fiercely that those norms have to be upheld, and we hope that the government will uphold them. We expressed that concern because of the circumstances of his detention, and we're watching the case closely. Manya Brachear Pashman: We also have the government threatening to cancel about $400 million in federal grants and contracts to Columbia. This is a separate matter, but those cuts could include funding for scholarship and research and law. Education and health care. You know, a number of students and scholars alike are very afraid that this could backfire, if indeed, this is done at other universities across the country, in the name of protecting Jewish students. That the backlash could actually hurt the Jewish community. Do you think that there is some credence to that? And if so, how do we prevent that? Laura Shaw Frank: It's a great question, so I want to stop for a second before I answer the question, and talk a little bit about the position AJC has taken with respect to the $400 million. We issued a statement, a letter to the government, to the task force, about the $400 million. Where we, again, expressed our enormous gratitude to the administration for shining a light on antisemitism and for taking it seriously. Which it needs to be taken incredibly seriously in this moment. And we fear that it has not been taken seriously enough until this moment, so we're very grateful that the administration is taking it seriously. And at the same time, we expressed our concern about the $400 million dollars being withheld because of what that $400 million will fund. That $400 million is largely funding for research, scientific and medical research, and we know that in this moment, there is a great deal of research money that is being withheld in various places in this country from universities that is funding really critical research. Pediatric brain cancer, Parkinson's disease, COVID. Whatever it is, that research is incredibly important. So we want to make sure that even as the government is doing the good work of shining a light on antisemitism and ensuring that our higher education institutions are not harboring and fostering atmospheres of antisemitism. We want to make sure that they are simultaneously not using a hatchet rather than a scalpel in order to attack the problem. We are keenly aware that much of the most antisemitic discourse that occurs on campus among faculty is discourse that comes out of humanities departments and not generally out of science, research, medicine departments. And it feels wrong to perhaps be withholding the funds from those who are not the problem. Generally, humanities departments don't get hundreds of millions of dollars in funding from the federal government. The research that they do is of a different scale. It's less expensive. Frankly, they don't have to run labs, so the funding is really mostly in that medical and science realm. So I wanted to just start by saying that, and would definitely encourage folks to take a look at the letter that AJC sent to the task force. With respect to your question about whether this is going to backfire against the Jewish community. It is definitely a concern that we've thought about at AJC. There have been many moments in Jewish history where Jews have become scapegoats for policies of governments, or policies in a society, or failures of a society. I'm thinking of two in this particular moment that are just popping into my head. One of them was the Khmelnytsky massacres in 1648 and 49. I know that sounds like a long time ago, but feels kind of relevant. When Jews, who were representing the nobles in exchanges with peasants, collecting taxes, things of that nature, were attacked and murdered in tens of thousands. And Jews were really, you know, was there antisemitism involved? Absolutely. Were Jews being scapegoated for rage against nobles? Also, absolutely. So I'm thinking about that. I'm also thinking about the rise of the Nazi Party in Germany in the 1920s and 30s, where this myth of the German population being stabbed in the back by the Jews who quote, unquote, made them lose World War I–which is, of course, obscene and ridiculous–led the way for Nazi ideology finding a foothold in German society. So I'm thinking of those moments when Jews became a scapegoat. And I'm keenly aware of how much our universities rely on research dollars to do their work, and also the anger that so many who are working in that space must be feeling in this moment. It does make me fearful to think that those who are working in the research and those who need the research, you know, people who are struggling with health issues, people who are relying on cutting edge research to help them, could say, No, this is all the Jews' fault. It's all because of them. They're causing the government to do this and that. You know, it feeds into that antisemitism trope of control. I do worry about the Jews becoming the target. What should we do about that? I think it's very important for us to have the open lines of communication that we're grateful to have with government officials, with elected officials and appointed officials in the Administration and across the aisle in Congress, with Democratic and Republican elected officials. I think it's important for them to understand, at least, you know, from AJC's perspective, that we hope that as they continue to shine that very important spotlight on antisemitism, and continue to ensure that we hold our institutions of higher education to the standard which they must be held to, taking antisemitism very seriously and combating it with all of their power and strength. That at the same time, we want to make sure that the strategies that the government is using to address this issue are strategies that will truly address the problem. And we hope that our statements, our transparency about our stance, will help this country see the views of the Jewish community in this moment. That there are diverse views in the Jewish community, that we do care deeply about the success of higher education, about the success and the importance of research dollars, and that we also care deeply that the administration is taking antisemitism seriously. So really trying to hold that very special AJC nuance. Manya Brachear Pashman: I know AJC offers an entire package of strategies to combat antisemitism in many different arenas, including university campuses. And I want to take a look at some of the changes that Columbia announced in response to the government's threats to cut funds, to restore those funds. They said that they would make it easier to report harassment and enable the provost to deal with disciplinary action against students who are involved in protests. These seem to reflect some of the strategies that AJC has shared, Yes? Laura Shaw Frank: Yes, for sure. I want to say, before I respond, that there seems to be a bit of murkiness right now, as we are recording, regarding sort of where some of the some of the agreement stands. So I'm just going to just note that, that it could be that by the time we air this episode, things will be different. But AJC's strategy for higher education administrators, which could be found on our website, and you can probably link to that in the show notes too, calls for very clear codes of conduct. Calls for enforcement, clear enforcement of those codes of conduct. We don't specifically say where discipline should be situated, because every university has a different kind of plan for how, how that should be situated. And I know that's an issue that appears to be ongoingly unclear between the government and Columbia right now, so I'm not going to say where that's landing. It's not clear to me where it's landing, yet. But there's no question that the kinds of asks that the federal government or demands, really that the federal government has made of Columbia, are demands that are rooted in the same issues that we have highlighted on campus. So there's this issue of discipline. Not just codes of conduct, but also the enforcement of codes of conduct. We've seen very often, including at Columbia, that there are rules that are on the books, but they're not actually enforced in reality. And they're useless if they're not enforced in reality. So that's one thing that we have been very clear about in our plan. We also have encouraged universities to think about faculty, to think about the role that faculty plays on a campus, and that's also been a part of the Columbia agreement with the federal government. Again, this is a little bit murky, still, but the federal government had asked for the Middle East and African Studies Department, maybe Asian Studies. I'm not sure exactly what the title of the department is to be put in receivership. That is a very extreme thing that can be done. Universities do it if a department is completely failing in whatever way. They could put it in receivership, give it over to somebody else to head. And it seems, at least as of this moment, that what Columbia has done is appoint a new Vice President who is going to oversee studies in the Middle East and Jewish studies, but it's not really exactly receivership. So I'm not going to opine on what they've done, but what I will opine on is what AJC is asking campuses to do in this moment. We've alluded to it in our campus plan that we have up on the website, but we are going to shortly be issuing updated guidance specifically about how we think universities should be addressing the issue of faculty members who are creating an atmosphere that's making Jews feel harassed, or that they're advancing antisemitism. Our State of Antisemitism Report that was released about a month and a half ago showed that, I think it's 32% of students felt that their faculty members were advancing an antisemitic atmosphere or an atmosphere that was harassing of them. And I want to be clear that obviously this is a question of feel, right? We ask the students, do you feel that way? And we know that feelings are not empirical data. Every person has their own set of feelings. And what some students might feel is antisemitic. Other students might say, no, no, that's not antisemitic. That's simply a different viewpoint. That's a perfectly legitimate viewpoint. So with that caveat, I want to say that we're very concerned about that statistic, and we do think that it reflects a reality on campus, specifically on campuses like Columbia. And what we are asking universities to do at this moment is to think really carefully about how they're talking to faculty. How are they professionalizing their faculty? Our Director of Academic Affairs, Dr. Sara Coodin, has been working a great deal on coming up with a plan of what we would like to ask universities to work on in this moment, to work on the summer when they have some downtime. How are they going to talk to their faculty, especially emerging faculty, TA's,graduate students and young, untenured faculty about what their responsibilities are. What are their responsibilities to have classrooms with multiple viewpoints? What are their responsibilities to not treat their classrooms as activist spaces for their own political ideologies? What are their responsibilities to not require students to take actions that are political in nature. Such as, we're going to hold class in the encampment today, or I'm canceling class in order for students to go to protest. Those are not appropriate. They are not responsible actions on the part of faculty. They do not fall under the category of academic freedom, they're not responsible. So academic freedom is a very wide ranging notion, and it's really important. I do want to emphasize very important. We do want faculty members to have academic freedom. They have to be able to pursue the research, the thinking that they do pursue without being curtailed, without being censored. And at the same time, faculty has that privilege, and they also do have responsibilities. And by the way, we're not the only ones who think that. There are national organizations, academic organizations, that have outlined the responsibilities of faculty. So as we kind of look at this issue with Columbia, the issue of those departments that are the government has asked for receivership, and Columbia has appointed this vice president, the issue that we would like to sort of home in on is this issue of: what are we doing to ensure that we are creating campuses where faculty understand their role in pedagogy, their role in teaching, their role in upholding University spaces that are places of vibrant dialog and discourse–and not activism for the professor's particular viewpoints. Manya Brachear Pashman: I'm curious, there's been a lot of talk about Columbia failing its Jewish students, and these measures, these threats from the government are really the government's way of trying to repair that. Trying to motivate Columbia to to fix that and serve its Jewish students. But I'm curious if it's not just the Jewish students that Columbia is failing by not protecting Jewish students. In what ways are–and not just Columbia, but–universities in general failing students in this moment, maybe even students including Mahmoud Khalil? Laura Shaw Frank: I'm so glad you asked that question. I think it's such an important question. We look at universities, at the Center for Education Advocacy, and I think that so many Americans look at universities this way, as places where we are growing the next generation of citizens. Not even the next, they are citizens, many of them, some of them are foreign students and green card holders, et cetera. But we're raising the next generation of Americans, American leadership in our university and college spaces. And we believe so firmly and so strongly that the ways that antisemitism plays out on campus are so intertwined with general notions of anti-democracy and anti-civics. And that solving antisemitism actually involves solving for these anti-democratic tendencies on certain campuses. And so we do firmly believe that the universities are failing all students in this moment. What we need as a society, as we become more and more polarized and more and more siloed, what we need universities to do is help us come together, is: help us think about, what are the facts that we can discuss together, debate together, even as we have different interpretations of those facts. Even if we have different opinions about where those facts should lead us. How do we discuss the issues that are so problematic in our society? How will we be able to solve them? And that, for antisemitism, plays out in a way about, you know, Jewish students are a tiny minority, right, even on campuses where there's a large Jewish population. What does large look like? 10, 15%? On some campuses it's more than that, but it's still quite small. And Jews are two and a half percent of American society. So Jews are a minority. It's very important for us to be in spaces where different views will be included, where different opinions are on the table. Additionally, of course, discourse about Israel is so important to Jews, and we know from the Pew study and from our AJC studies that four in five Jews, over 80% of Jews, see Israel as important to their Jewish identity. So discourse on campus about Israel that ends up being so one-sided, so ignoring of facts and realities, and so demonizing of Israel and of Zionists and of the Jewish people, that's not healthy for Jews and fosters enormous antisemitism, and it simultaneously is so detrimental, and dangerous for all of us. It's not solely discourse about Israel that is at issue. It is any time that a university is sending faculty members into the classroom who are all of the same mindset, who all have the same attitude, who are all teaching the same views and not preparing young people with the ability to debate and come up with their own views. Fact-based views, not imaginary views, fact-based views. That's incredibly, incredibly important. One other piece that I want to mention, that I think when campuses fail to enforce their rules, why they're damaging not just Jewish students, but all students. When you think about a campus that has their library taken over by protesters, or their classrooms taken over by protesters, or the dining hall being blocked by protesters. That's not just preventing Jewish students from accessing those university facilities. It's preventing all students. Students are on campus to learn, whether they're in a community college, a state university, a small liberal arts college, a private university, whatever it is, they are there to learn. They are paying tuition, in many cases, tens of thousands of dollars, close to $100,000 in tuition in some places, to learn and for these students to have the ability to take away other students' ability to learn is a way that the university is failing all of its students. That has to be stopped. Manya Brachear Pashman: You talked about using classroom space, using library space, as you know, co-opting it for protest purposes or to express particular points of view. But what about the quad? What about the open space on campus? You know, there appears to be, again, it's still murky, but there appears to be an outright ban now on protests on Columbia's campus. Is that a reasonable approach or should campuses have some sort of vehicle for demonstration and expression, somewhere on its property? Laura Shaw Frank: Absolutely, campuses should allow for protest. Protest is a right in America. Now, private campuses do not have to give students the right to protest, because that's private space. The government isn't allowed to infringe on protests, so public universities would not be able to do that. But most private campuses have adopted the First Amendment and hold by it on their campuses, including Columbia. It is critically important that students, faculty members, anyone in American society, be permitted to peacefully protest. What can be done in order to keep campuses functional, and what many campuses have done, is employ time, place, and manner restrictions. That's a phrase that probably a lot of our listeners have heard before. You're not allowed to curtail speech–which, protest is, of course, a form of speech–you're not allowed to curtail speech based on a particular viewpoint. You can't say, these people are allowed to talk, but those people, because we don't like their opinion, they're not allowed to talk. But what you can do is have something that is viewpoint-neutral. So time, place and manner restrictions are viewpoint neutral. What does that mean? It means that you can say, on a campus, you're allowed to protest, but it's only between 12 and 1pm on the south quad with no megaphones, right? That's time, place, manner. I believe, and I think we all at AJC believe, that protests should be allowed to happen, and that good, solid time, place, and manner restrictions should be put into place to ensure that those protests are not going to prevent, as we just talked about, students from accessing the resources on campus they need to access, from learning in classrooms. There was a protest at Columbia that took place in a classroom, which was horrifying. I have to tell you that even the most left wing anti-Israel professors tweeted, posted on X against what those students did. So campuses can create those time, place and manner restrictions and enforce them. And that way, they're permitting free speech. And this is what the Supreme Court has held again and again. And at the same time, prevented protesters from kind of destroying campus, from tearing it all down. And I think that that's really the way to go. Some campuses, by the way, have created spaces, special spaces for protest, like, if you're going to protest, you have to do it in the protest quarter, whatever it is, and I think that's a really good idea. I'm an alum of Columbia, so I know how small Columbia's campus is. That might not work on Columbia's campus, but certainly time, place, and manner restrictions are critical, critical to campus safety and peace in this moment, and critical to protect the rights of all students, including Jewish students. Manya Brachear Pashman: And on the topic of protests, as I was reading up on the latest developments, I saw a student quoted, she was quoted saying, 'It's essentially going to ban any protest that it thinks is antisemitic slash pro-Palestine. I guess we're mixing up those words now.' And I cringed, and I thought, No, we're not. And what are universities doing to educate their students on that difference? Or is that still missing from the equation? Laura Shaw Frank: So I actually want to start, if I may, not in universities, but in K-12 schools. The Center for Education Advocacy works with people across the education spectrum, starting in kindergarten and going all the way through graduate school. And I think that's so important, because one of the things we hear from the many university presidents that we are working with in this moment is: we can't fix it. We are asking our K-12 schools to engage in responsible education about the Israel-Palestinian conflict, and we have particular curricular providers that we recommend for them to use in this moment, I want to say that they are terrified to do that, and I understand why they're terrified to do that. Everyone is worried that the minute they open their mouth, they're going to be attacked by some person or another, some group or another. And I get that. And I also believe, as do the presidents of these universities believe, that we cannot send students to campus when this issue is such a front burner issue. We cannot send students to campus with no ability to deal with it, with no framework of understanding, with no understanding of the way social media is playing with all of us. That education has to take place in K-12 spaces. So I wanted to say that first. And now I'll talk about campus. Universities are not yet there at all, at all, at all, with talking about these issues in a nuanced and careful and intelligent way. We can never be in a position where we are conflating antisemitism and pro-Palestinian. That is simply ridiculous. One can be a very proud Zionist and be pro-Palestinian, in the sense of wanting Palestinians to have self determination, wanting them to be free, to have life, liberty, and the pursuit of happiness. AJC has long, long been on the books supporting a two-state solution, which I believe is pro-Palestinian in nature. Even as we have very few people who are also in the Middle East who are pro two-state solution in this moment. And I understand that. Education of students to be able to think and act and speak responsibly in this moment means helping students understand what the differences are between being pro-Palestinian and being antisemitic. I'm thinking about phrases like 'from the river to the sea, Palestine will be free,' which lands on Jewish ears, as we know from research that's been done at the University of Chicago, lands on the majority of Jewish ears as genocidal in nature. I'm thinking about phrases like 'globalize the Intifada,' which also lands on Jewish ears in a very particular way is targeting them, us, and education needs to take place to help students understand the way certain phrases the way certain language lands with Jews and why it lands that way, and how antisemitism plays out in society, and at the same time, education has to take place so students understand the conflict that's going on in the Middle East. They might think about having debates between different professors, faculty members, students, that are open to the public, open to all, students that present this nuanced and careful view, that help people think through this issue in a careful and educated way. I also think that universities should probably engage in perhaps requiring a class. And I know some universities have started to do this. Stanford University has started to do this, and others as well, requiring a class about responsible speech. And what I mean by that is: free speech is a right. You don't have to be responsible about it. You can be irresponsible. It's a right. What does it mean to understand the impact of your words? How do we use speech to bring people together? How do we use speech to build bridges instead of tear people apart? So I think those are two ways that universities could look at this moment in terms of education. Manya Brachear Pashman: Anything I haven't asked you, Laura, that you think needs to be addressed in this murky moment? Laura Shaw Frank: I hope that our listeners and everyone who's following the stories on campus right now can take a breath and think carefully and in a nuanced way about what's going on and how they're going to speak about what's going on. I hope that people can see that we can hold two truths, that the government is shining a necessary light on antisemitism, at the same time as universities are very concerned, as are we about some of the ways that light is being shined, or some of the particular strategies the government is using. It is so important in this moment where polarization is the root of so many of our problems, for us not to further polarize the conversation, but instead to think about the ways to speak productively, to speak in a forward thinking way, to speak in a way that's going to bring people together toward the solution for our universities and not further tear us all apart. Manya Brachear Pashman: Thank you so much for this conversation, Laura, it is one that I have been wanting to have for a while, and I think that you are exactly the right person to have it with. So thank you for just really breaking it down for us. Laura Shaw Frank: Thank you so much, Manya.