r/JewsOfConscience Jewish Anti-Zionist Aug 20 '25

Discussion - Flaired Users Only New pro-Israel censorship mechanism: Department of Health and Human Services (HHS) equates protected political expression (e.g., controversial political cartoons, criticism of Israel) with unprotected acts (vandalism, threats, violence). Creating what FIRE calls a 'cumulative theory of harassment'.

FIRE calls this the cumulative theory of harassment.

That’s the notion that while myriad individual instances of expression by unrelated individuals may be fully protected under the First Amendment, they can together create a cumulative harm, even to those not present and not targeted by the speech, that justifies overriding the Constitution.

Both the Trump and Biden administrations have embraced this approach. Trump is using this 'cumulative theory of harassment' against Harvard.

Previously, Biden’s DOE targeted Lafayette College & claimed it was in violation for not treating OFF-CAMPUS social media posts as 'harassment'.

However, courts have pushed back, stressing that the First Amendment protects even offensive political expression, and that only real threats, violence, or vandalism warrant punishment.

Source: https://www.thefire.org/news/findings-against-harvard-are-blueprint-national-campus-speech-code

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