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The Clash of Free Speech and Hate Speech

Navigating competing rights and interests in a politicized environment related to anti-Semitism and Islamophobia. This workshop focuses on policy development, assessment of legal risks, robust exploration of neutrality v. taking a stand, and questions related to what limits on free speech are worth respecting and what may be worth contesting through potential litigation. This consultation can be offered in two-hour, half-day, and full-day formats, and includes key exploration of topics, including: The incendiary/controversial speaker, the Heckler’s Veto, how time, place, and manner matter, the concepts of prior restraints and chilling effects, relevant case law, the value of the court order, understanding what creates a hostile environment, and how that impacts on and is impacted by free speech.

Attendees will be able to:

  • Explore First Amendment and Free Speech case law, as well as key religious freedom cases
  • Understand how free speech, academic freedom, and hostile environments intersect and must be navigated with skill, tact, and a deep understanding of both conflict resolution and the extents/limits of free speech.
  • How do we remedy hostile environments in a way that is more than performative, and doesn’t create an endless cycle of chasing our tails as each new incident, comment, or post reignites a fire we just worked hard to put out.

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