“Davidson College officials are weighing disciplinary measures against a conservative student for distributing a pamphlet supporting Israel and posting about the gender controversy of an Olympic boxer,” reports The College Fix:
The president of Davidson College’s chapter of Young Americans for Freedom was recently told she likely violated the school’s Code of Responsibility for distributing pro-Israel materials on campus, sparking a debate on First Amendment rights.
President Cynthia Huang received a letter Feb. 28 from the Director of Rights & Responsibilities suggesting the conservative student group she leads harassed peers.
It cites their distribution of a pamphlet last fall titled “Five Myths About Israel Perpetrated by the Pro-Hamas Left.” It states Palestinians are not a distinct people and there has never been a Palestinian state.
Additionally, the college’s letter refers to a YAF Instagram post about Olympic boxer Imane Khelif, whose gender was controversial during the 2024 Olympics….Huang said she was not forcing students to read the pamphlet but simply displayed it across campus….Mak Tompkins, Davidson’s director of student rights and responsibilities, wrote in the disciplinary letter that the accusations were examples of misconduct because they allegedly include “misinformation” and could foster Islamophobia and transphobia. Tompkins, whose online bio states she uses “she/they” pronouns, wrote that some students felt “threatened and unsafe on campus” because of the materials.
Davidson’s letter gave Huang the option to either resolve the issue mutually by accepting responsibility and waiving her right to appeal or face a Code of Responsibility Council hearing. Huang contested the charges. “The language of the letter was so vague that anything could count as harassment,” Huang told The Fix.
Huang says that Davidson has ideological double standards in discipline, such as taking no action when left-wing students made death threats against her for writing an anti-abortion op-ed.
Davidson is a private college, and thus is not bound by the First Amendment. But sometimes, private colleges lose contract lawsuits when they have policies claiming to respect free speech but then restrict speech. Marquette University lost a lawsuit filed by a professor it disciplined who opposed same-sex marriage, with the Wisconsin Supreme Court that finding his discipline for a blog post in which he criticized a gay graduate student violated contractual academic-freedom guarantees (see McAdams v. Marquette University (2018)).
Huang’s speech seems milder and less targeted than the speech that the Wisconsin Supreme Court found was contractually protected against punishment.
The Foundation for Individual Rights and Expression criticized the impending disciplinary action, saying it contradicted Davidson’s own policies purporting to protect free speech. “Distributing political pamphlets is core protected speech, but at Davidson College the YAF chapter is facing charges for allegedly spreading ‘misinformation’ and ‘promoting Islamophobia'” for sharing a pamphlet.
“Students must be allowed to share political opinions without worrying they’ll be reported for hurting someone’s feelings. A student group handing out pamphlets of political commentary is NOT harassment, even when other students are offended. In this case, YAF did not target any individuals on campus.”
“Critics cannot be allowed to censor speech they dislike by claiming it is misinformation or makes them feel unsafe. Those who disagree also have the free speech rights to explain why they think the pamphlets are wrong.”
“Davidson College promises free expression to its students and faculty. It must allow students from both sides of political issues to make their voices heard—or else its free expression promises are worthless.”
“Critics of YAF’s arguments should respond with more speech in the marketplace of ideas instead of trying to censor their ideological opponents,” said FIRE attorney Jessie Appleby. “Unfortunately, Davidson administrators capitulated to student complainants and are trying to suppress the chapter’s views. The First Amendment protects the pamphlet and Instagram post, and so should a private college that promises its students the right to free speech.”
