University presidents Liz Magill, Sally Kornbluth, and Claudine Gay recently were questioned, and often grilled, over their responses (or lack thereof) to antisemitism on their campuses following the October 7 Hamas attack on Israel. Since the December 5 congressional hearing, Magill resigned from her role at Penn, and there have been calls for MITâs Kornbluth and Harvardâs Gay to resign as well.
The presidents vehemently protected free speech on their campuses, which is essential to the production of knowledge. Some questions asked by the House committee members were hypothetical while others were related to specific activities on the Penn, MIT, and Harvard campuses. At one point Rep. Elise Stefankik (R., N.Y.) asked the presidents if calls for the genocide of Jews violate their campus rules of conduct. Rather than emphatically saying âyes,â the presidents did not answer in a direct manner.
They instead tried to explain the difference between hate speech and the incitement of violence. They, like most academics, said context matters. Magill, stated, âIf the speech becomes conduct it can be harassmentâ â failing to realize that our academic understanding of âcontextâ is often lost on nonacademics. Like Magill, the presidents of both Harvard and MIT were pushed to answer the same question: Would they ban speech that called for the genocide of Jews? Neither president provided a direct response, and both noted that context matters.
To provide a more nuanced, and better understanding of how leaders and scholars are responding to the presidentsâ testimony at the hearings as well as accusations of failing to address antisemitism on their campuses â I talked with a wide variety of individuals.
According to Jonathan Zimmerman, a professor in Pennâs Graduate School of Education, âMost reports on the hearing focused on Rep. Elise Stefanik (R-N.Y.), who grilled the presidents about whether theyâd ban speech that called for the genocide of Jews. The presidents responded cautiously and appropriately: It depends on the context. Is âFrom the river to the sea, Palestine must be freeâ a call for genocide? To some people, yes. But if it doesnât threaten direct and immediate intimidation or harassment to a member of our community, we cannot â and should not â prohibit it.â
Zimmerman added, âI understand why so many people were offended by Magillâs reply. Instead of responding emotionally, she answered like a lawyer by conveying the facts. Hateful speech is indeed protectedâunder the Constitution and Pennâs own rulesâso long as it doesnât pose an immediate threat of violence, harassment, or intimidation.â According to Zimmerman, âMagill simply repeated that fact without conveying her outrage about genocide and antisemitism.â
Don Heller, retired provost and vice president for academic affairs at the University of San Francisco, was âdisappointed with the testimony of the presidents.â He feels that they âfocused too narrowly on policies and procedures that promote and regulate free speech on their campuses, and did not express enough moral outrage and compassion regarding the impact of some of that speech that had been occurring.â
Heller offers a nuanced view of the presidentâs testimony. âOn the one hand, it is easy to label the criticism of the presidents as Monday-morning quarterbacking, condemning them based on the way their testimony was analyzed by the media and others,â he says. âBut it is not unreasonable to expect these three women â leaders of among the most prestigious, elite, and wealthy universities in our country â to have demonstrated their leadership more effectively.â
Concerned that the presidents paid too much attention to lawyers, Heller notes, âIt is undoubtable that the preparation they received from lawyers â as noted in an article in The New York Times â was terribly misplaced and likely helped set them up for failure. Their narrow and legalistic approach to answering the committee membersâ questions made them appear cold and unsympathetic to the plight of Jewish students on their campuses who were suffering from and had complained about antisemitic attacks.â However, Heller believes there is a lesson for presidents in this experience: âThey should spend less time listening to their lawyers, and more time attempting to engage with parties on their campuses who feel aggrieved,â he says.
According to Walter Kimbrough, the former president of both Dillard University and Philander Smith College, (both Historically Black Colleges and Universities), âThe hearing was set up to be a no-win situation, not an opportunity to really explore a complex issue, but for grandstanding by a few members of Congress.â
âBut the task was even greater for these three presidents who collectively had less than three years of presidential experience.â Kimbrough adds, âThey relied too heavily on the lawyers when a more experienced president may have had a better sense as to how to navigate this minefield.â
From the perspective of Larry Moneta, the former vice president of student affairs at Duke University and an adjunct professor at Penn, âNot to condemn overt calls for genocide was a complete failure.â
âIt was a failure of inadequate preparation, inept guidance and incompetent leadership,â Moneta says. âA university president has to be able to finesse a public response that makes clear institutional and personal values while preserving the ability to maneuver effectively back on campus. Application of âcontextâ is a tactical matterâŠ.condemning any form of violence is the only acceptable strategic response.â
Moneta also drew upon his personal experience. âItâs been clear to me throughout my 50-year career that antisemitism is, for the most part, thought to be a petty annoyance by administrators rather than the perverse prejudice it is,â he says. Moneta adds that âAs a child of Holocaust survivors, my antennae for antisemitism are always on high alert and evidence of its pernicious presence on campuses can always be found. I despise the notion of competing biases, but would welcome authentic and comparable Jewish support.â
Pointing to political theatrics and antisemitism being a new âcause cĂ©lĂšbreâ of the far right, Moneta says: âThe politicization of antisemitism may be the hardest pill for me to swallow. The far right desperately wants to tear down American higher education and have now clamped onto the plight of Jewish students as their cause cĂ©lĂšbre. But, that crowd benefits politically from extreme accusations of âleftist liberal biasâ throughout higher education.â
He adds, âNot for a minute do I believe the MAGA crowd to be my saviors. Nor do I expect that termination of college presidents is their primary objective. Institutional approaches to diversity, equity, and inclusion (DEI) may have [their] problems, but demonization of all diversity efforts under the convenient trope of âwokeâ simply lets the right pander to their base and frighten the uninformed into siding with them.â
Providing further explanation for his thoughts, Moneta shares, âI lament the shift of the far left to various unreasonable and unhealthy partnerships. Being supportive of Palestinian lives does not require calls for the death of Israelis and Jews. Cheering on Hamas is simply disgusting. Cries of âfrom river to seaâ are equally perverse. Full stop.â
Karen Gross, the former president of Southern Vermont College and a tenured law professor of 20 years, is concerned about the fallout for women and women of color leaders as a result of the hearings.
âI am worried about an issue that many are not raising but that is in their minds. When three women presidents from prestigious institutions, one of whom is of color, fail to answer a straightforward hypothetical about whether genocide of Jews violates their respective university rules, will those who are skeptical of women of all races and ethnicities serving as leaders take this opportunity overtly or in the recesses of their minds have a prejudice (or reinforced prejudice) against women in leadership roles prospectively? And, will this whole debacle diminish â consciously or subconsciously â the hiring of very qualified women to high positions?â
Gross finds it hard to fathom how all three highly intelligent, accomplished leaders failed to answer, as if they were in âlockstep and scripted.â She shared, âOK, one ill-advised president could provide an inappropriately fuzzy answer,â she says. âPerhaps even two. But all three? Did they all get the same advice and accept it without qualification? Where did their individual independence of thought, their moral North Star and their courage go?â
âAll three presidents could have answered the Stefanikâs hypothetical with more than the word âyes,â Gross adds. âOf course, âyesâ is the minimum acceptable answer. They could have answered: âYES, overtly calling for genocide of Jews, and I would add any other group, violates our institutional rules and norms, and if these rules don’t state this explicitly enough, they must and they should and they will.â â
Gross assumes that none of the leaders were properly prepared for the âobvious follow up questionâ if they answered Stefanikâs hypothetical with âyes, Genocide of Jews violates our institutional rules and norms.â The obvious next question, according to Gross is: âWould you expel or suspend the offending students?â For Gross, there is an obvious answer: âThere are many forms of âpunishmentâ that a student disciplinary board could impose (the decider of these issues on our campus) including but not limited to suspension or expulsion or more restorative/rehabilitative approaches like mandated hours meeting with Holocaust survivors/relatives and visiting Holocaust memorials in the U.S. and reporting on them to the campus.â
Sadly, according to Gross, âI think the three presidents were running scared of many things including offending some students and lawsuits for First Amendment violations. In so running, they missed a remarkable opportunity to lead in troubled times and share their moral fiber for the benefit of their institutions and the larger world to see. We live in complex troubled times; our educational leaders can give us guidance but sadly, in this instance, they failed to do so.â
Deborah McDowell, a professor of English at the University of Virginia, tells me via email that she is concerned about the âdonor class that overpopulates university boards of trustees.â She commented on X and also paraphrased in that email to me, âItâs all about the money, about appeasing donors. I am not standing atop anybodyâs intellectual Mt. Olympus, but it seems to me that if you are heading one of the âleadingâ institutions in the land, you should be able to think on your feet. This was a hearing, not a court of law.â
McDowell adds, âBut at the same time (and without contradicting myself), I deplore the racist, sexist vitriol being hurled at these women. As long as universities let the donor class set their agendas, their presidentsâ tongues will be tied and their heads will roll.â
What do todayâs presidents do amid current political and social realities? How do they navigate free speech on campuses? According to Moneta, âWe need a reasoned discussion of the boundaries of speech and other forms of expression not under the pressures of the crisis du jour. I lean to more speech than less speech…but not to overt calls for violence of any sort.â
âI canât imagine being a college or university president today,â Moneta adds. âBut if I were, I hope Iâd have the sense to err on the side of students, faculty and staff safety, to proactively engage my community in difficult discourse, to speak out more often than not, to take guidance from multiple perspectives and not just from my public relations or legal staff, to think before I act, and to know when I need help.â
Kimbrough, who is known for his student-centered approach to presidential leadership, shared that one issue for him is âwhich issues a president should respond to.â
âIf a random student âcallsâ for some action, does that necessitate a statement or response?â Kimbrough asks. âWhat about a random group of students? And if a student or students calls for some action, will anyone listen and heed their call? It seems that sometimes we give more oxygen to incidents than they deserve, when they can be addressed appropriately in other ways.â
Although they have different views, the scholars and leaders I talked with are all concerned about the future of leadership at colleges and universities. Who will control leadership? Who will step up to lead? Who will have the courage to make difficult decisions? How much influence should outsiders have on college and university leadership? And unfortunately, who will be cancelled?