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JEFFRIES v. HARLESTON

No. 953, Docket 93-7876.

21 F.3d 1238 (1994)

Leonard JEFFRIES, Plaintiff-Appellee, v. Bernard HARLESTON, individually and in his official capacity as president of City College of New York, W. Ann Reynolds, individually and in her official capacity as Chancellor of City University of New York, James P. Murphy, Edith B. Everett, Herman Badillo, Sylvia Bloom, Gladys Carrion, Louis C. Cenci, Michael J. Del Guidice, Stanley Fink, William R. Howard, Harold M. Jacobs, Susan Moore Mouner, Calvin O. Pressley, and Thomas Tam, individually and in their official capacities as Trustees of City University of New York, Defendants-Appellants, Blanche Bernstein, Defendant.

United States Court of Appeals, Second Circuit.

Decided April 18, 1994.

Attorney(s) appearing for the Case

Kathie Ann Whipple, Deputy Bureau Chief, Office of Atty. Gen. (Robert Abrams, Atty. Gen., Jerry Boone, Sol. Gen., Clement Colucci, Asst. Atty. Gen., Roy P. Moskowitz, Asst. Gen. Counsel to the City University of New York, of counsel), for defendants-appellants.

Joseph Fleming, New York City (Melinda E. Weekes, Debra Ann Galloway, New York City, of counsel), for plaintiff-appellee.

Sheldon D. Camhy, Adrian Zuckerman, Lawrence A. Steckman, Camhy Karlinsky & Stein, New York City, Robert A. Machleder, New York Regional Board of Anti-Defamation League, New York City, for amicus curiae Anti-Defamation League.

Kenneth S. Stern, Samuel Rabinove, Wendy Lecker, Penina Goldstein, New York City, for amicus curiae American Jewish Committee.

Before: VAN GRAAFEILAND and McLAUGHLIN, Circuit Judges, and BURNS, District Judge.

McLAUGHLIN, Circuit Judge:

In the summer of 1991, Leonard Jeffries was the Black Studies department chairman at City College of New York ("City College"), and he was the keynote speaker at an offcampus symposium on black culture. He spoke predominantly on the bias he perceived in New York State's public school curriculum. During the speech, Jeffries made several derogatory statements, particularly about Jews. The speech ignited a firestorm of controversy, the upshot...

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