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126 Colum. L. Rev. Forum 1 (2026)

handle is hein.journals/sidbarc126 and id is 1 raw text is: COLUMBIA LAW REVIEW FORUM VOL. 126 JANUARY 30, 2026 PAGES 1-54 CAMPUS CRISES AND THE LIMITS OF TITLE VI Suzanne B. Goldberg* & Olatunde C.A. Johnson** This Piece examines the deployment of Title VI of the Civil Rights Act of 1964 as a mechanismfor regulating campus conflict following the 2023 to 2024 campus protests and seeks to reset the discourse in light of the statute's history, doctrine, and role in higher education. Title VI is an important toolfor addressing identity-based harassment, epithets, and violence between students, but it is neither designed nor effective as a tool for negotiating clashes between universities' cornerstone commitments to robust debate and an optimal learning environment for all students. In converting the statute from a source of protection against discrimination based on race, color, and national origin, including shared ancestry, to a punitive instrument for disciplining and controlling campuses around the country, the current Administration is unprecedented in its use of Title VI, which is not only ahistorical and in defiance of the statute's terms but also unworkable under hostile environment doctrine. For universities tempted to turn to Title VI for managing campus conflicts, this Piece shows that Title VI's compliance regime is ill-suited for producingflourishing and sustainable campus environments for several reasons, including the First Amendment limits on universities' ability to restrict harmful speech. Against this backdrop, the Piece argues that schools have a responsibility to carry out Title VI compliance within broader efforts to build community citizenship, including conflict de- escalation and informal conflict-resolution processes. In short, the inclusionary aims of Title VI will be achieved best not by enforcement alone but as part of a broader commitment to a thriving campus. INTRO DU CTIO N ......................................................................................... 2 I. D ISTORTING TITLE VI ..................................................................... . 13 A. Title VI and Harassment on Campuses.................................... 14 * Herbert and Doris Wechsler Clinical Professor of Law, Columbia Law School. I draw on prior experience as Deputy Assistant Secretary in the U.S. Department of Education's Office for Civil Rights (2021-2023) and executive vice president of Columbia University (2015-2021), but this Piece expresses my views in my personal capacity only. ** Ruth Bader Ginsburg '59 Professor of Law, Columbia Law School. The authors thank Vicki Jackson, Martha Minow, David Pozen, David Cole, Nick Lemann, and participants in the Columbia Law School faculty workshop, and James Morrison for excellent research assistance. ]