Does the First Amendment Protect Speech on Private Property?

Source: The Volokh Conspiracy
by Eugene Volokh

“I’ve recently heard some people (serious people, though not First Amendment experts) argue that private universities have a duty to suppress certain kinds of anti-Semitic speech — or perhaps, more broadly, anti-Israel speech — when it creates a ‘hostile educational environment’ based on national origin. Title VI of the Civil Rights Act of 1964 bans race and national origin discrimination in federally funded programs, and courts have read that as requiring such programs (including at universities) to prevent such hostile environments. And, this particular argument goes, applying this legal requirement to anti-Semitic/anti-Israel speech doesn’t violate the First Amendment because the First Amendment doesn’t apply to private universities. This argument, I think, is wrong, because it misunderstands the nature of the ‘state action’ doctrine.” (06/06/24)