65 Winter 2025 “hostile environment” for Jews. Within this hostile environment, Israel and Zionism are not merely sharply critiqued in a manner to be expected of any state, government, or nationalist ideology, but are instead treated very differently compared to all other countries and political movements, in that they are “othered” in the way that antisemites “other” Jews as different from all other people. The protests and harassment experienced by many Jewish students following the attacks on October 7, 2023, and subsequent war are therefore an intensification of a trend that has been in progress for decades, rather than a novel development. For example, in 2023 a report on the National Union of Students by Rebecca Tuck KC, commissioned by the NUS, found that Jewish students have faced a “hostile” culture and at times been subject to harassment. The report “cited numerous instances in which Jews suffered antisemitism because of assumptions that they were Zionists and about what that might mean.”26 “Open letters” denouncing Israel and Zionism have long been regularly circulated within departments, with staff members risking ostracization if they refuse to sign.27 In some cases entire departments sign such statements as a department.28 Lecturers in subjects unrelated to the Middle East insert negative comments about Israel and Zionism into their classes, taking an anti-Zionist position as axiomatic amongst their audience. Students whose essays on the Middle East depart from the standard antiZionist line have found themselves marked down or even failed.29 Explicit support for Hamas and Hezbollah, proscribed terrorist groups, is expressed by student societies and at protests and political meetings, with violent attacks on Israeli citizens justified and legitimized, if not outright celebrated.30 Demands for “No Zionists on campus” seek to prevent some students and staff from accessing university resources. To the extent that this mode of extreme anti-Zionism becomes axiomatic within a discipline or department, it represents both a severe constriction of academic freedom for those who might disagree while simultaneously increasing the likelihood of discrimination and harassment of Jewish staff and students. Before turning to student experiences of antisemitism since October 7, it is important to understand two key threats to academic freedom that are specific to Jewish staff and students on campus: the encampments which foment pro-Palestinian and anti-Israel sentiments, and demands for boycotts, divestment, and sanctions. The right to freedom of expression and freedom of association and assembly together comprise a right to protest peacefully,31 which constitutes a central component in any functioning democracy. However, these are qualified rights, rather than absolute rights, and therefore universities may legally impose limits on protest, and indeed may be legally obligated to do so under certain circumstances. These include circumstances when protests create an atmosphere where individuals with a relevant protected characteristic are liable to face harassment, or direct or indirect discrimination. Protests may also prevent universities from fulfilling their legal obligation to “foster good relations” between individuals with a relevant protected characteristic and those without. At a certain point, protests on campus can impede academic freedom. At a practical level, protests, encampments and occupations can interrupt the normal functioning of the university, preventing lectures and classes from taking place, and limiting access to libraries, laboratories, or offices. This form of obstruction of access 26. Nina Lloyd, “Jewish students ‘faced hostile culture’ in National Union of Students,” INDEPENDENT (Jan. 12, 2023), available at https://www.independent.co.uk/news/ uk/national-union-of-students-jewish-presidentpalestinian-union-of-jewish-students-b2260763.html 27. David Hirsh, “Some thoughts on antisemitism in academia, May 2021,” ENGAGE (May 23, 2021), available at https://engageonline.wordpress.com/2021/05/23/somethoughts-on-antisemitism-in-academia-may-2021-davidhirsh/ 28. See the list of gender studies departments that signed up to a Palestine solidarity statement in 2021. “Gender Studies Departments in Solidarity with Palestinian Feminist Collective,” GENDER STUDIES DEPARTMENTS IN SOLIDARITY WITH PALESTINIAN FEMINIST COLLECTIVE, available at http://genderstudiespalestinesolidarity. weebly.com/ 29. JC Reporter, “Uni student marked down for not blaming Israel in essay awarded payout,” THE JC (March 16, 2023), available at https://www.thejc.com/news/unistudent-marked-down-for-not-blaming-israel-in-essayawarded-payout-b9rv6r9g 30. Louisa Clarence-Smith and Ewan Somerville, “Students face criminal action if they support Hamas, warn university vice-chancellors,” THE TELEGRAPH (Oct. 9, 2023), available at https://www.telegraph.co.uk/ news/2023/10/09/uni-societies-social-media-supportinghamas-israel/ 31. Helen Fenwick, “The Right to Protest, the Human Rights Act and the Margin of Appreciation,” 62 MOD. L. REV. 491 (1999).
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