Other Students' First Amendment Activity Cannot Be The Basis for Discrimination Claims

Plaintiffs did not allege actionable racial harassment. Most of the conduct about which plaintiffs complain is speech protected by the First Amendment, and we do not construe Title VI as requiring a university to quash protected speech. Merely by gathering together in groups on campus, and even by disrupting campus tranquility, and impeding travel for many students, the protestors did not render their speech antisemitic, much less unprotected. To the extent that plaintiffs allege isolated incidents that are plausibly antisemitic, the complaint's allegations are not sufficiently severe, pervasive, and offensive to constitute actionable harassment under Title VI.