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1 1 (June 28, 2024)

handle is hein.crs/govepig0001 and id is 1 raw text is: Campus Protests, Federal Funding, and the First Amendment June 28, 2024 Recent protests at college campuses regarding the Israel-Hamas conflict have gained nationwide attention, raising questions as to when authorities may, within the bounds of the First Amendment, take action to regulate speech or expressive conduct during campus demonstrations. According to at least one report, many protests have largely remained peaceful, but there have been some reports of incidents involving violence and destruction of property. Some Jewish students have also reported feeling unsafe on campus because of allegedly antisemitic messages on campus, while other media outlets reported that pro-Israel counterprotestors engaged in violent altercations with pro-Palestinian demonstrators. Since Hamas led attacks against Israel on October 7, 2023, Congress has focused significant attention on reactions to the conflict from America's institutions of higher education, holding numerous congressional hearings and introducing legislation, for example, to combat antisemitic discrimination. With the recent rise of campus demonstrations over the conflict, some Members of Congress have announced investigations into antisemitism on college campuses and have held additional hearings on the issue. Some lawmakers have also expressed interest in legislative options to address the protest activity on campuses, with some proposals involving placing conditions on federal funding such as student financial aid. Other lawmakers have been more supportive of the protest activity, emphasizing a long history of students leading protests to demand change. Although Congress has wide discretion to place conditions on the receipt of federal funds, the Supreme Court has held that funding conditions must respect constitutional limitations, and some constitutional provisions may act as an independent bar to the conditional grant of federal funds. This concept means generally that a funding condition may not require or encourage the recipient to violate the Constitution. This Legal Sidebar provides an overview of this unconstitutional conditions doctrine and more specifically addresses when the First Amendment may invalidate a funding condition. This Sidebar also provides more information about the application of the First Amendment to campus protests, and highlights some considerations for Congress. Unconstitutional Conditions Doctrine The unconstitutional conditions doctrine examines the extent to which government benefits may be conditioned or distributed in ways that burden constitutional rights or principles. A core principle of this Congressional Research Service https://crsreports.congress.gov LSB11187 CRS Legal Sidebar Prepared for Members and Committees of Congress

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