The Huffington Post
Sen. John McCain (R-Ariz.) accused a group of lawyers with the Justice Department’s Civil Rights Division last week of “single-handedly” redefining the meaning of sexual harassment at colleges nationwide. Such a redefinition could violate the free speech rights of students and teachers, McCainargued in a letter to Attorney General Eric Holder.
In May, following an investigation into how the University of Montana handles rape and sexual violence on campus, the Justice Department and the Education Department had jointly announced a “resolution agreement” that laid out a set of policy reforms for the [...] » Read More
by Bob Unruh
Sen. John McCain, R, Ariz., who challenged Barack Obama for the White House in 2008, has demanded Obama’s attorney general, Eric Holder, answer why his agency is arbitrarily changing court-approved sex-assault standards for American colleges and universities.
The dispute is raging over a settlement the DOJ with the University of Montana that inserts new language into requirements for the proper investigation and prosecution of sexual-assault allegations on campus.
The new DOJ standard says that “any unwelcome conduct of a sexual nature” is sexual harassment, which critics already have argued could include unwanted flirting or date invitations and [...] » Read More
The term “politically correct” entered the American vocabulary in 1991, following a widely discussed New York magazine cover story on higher education, and has become applicable beyond the campus. The Associated Press, for example, announced this year the banishment of “illegal immigrant” from its stylebook. One linguist suggested “unauthorized migrant” as a more respectful substitute. Jay Leno, who is not politically correct, preferred “undocumented Democrats.” Perhaps “joggers without borders” will catch on.
Still, the university remains the natural habitat, redoubt, and headquarters for political correctness. The predicate for the phenomenon was the democratization of higher education in [...] » Read More
The Washington Examiner
Many people on the political left don’t much like the First Amendment. That seems odd to someone of my generation. In past times people who suppressed what the Supreme Court ultimately ruled speech—student armbands, nude dancing, flag burning—were usually conservatives. But now it seems that it’s mostly liberals who want to shut down speech that offends them, and it’s usually political speech which many people think was the main concern of the Founders rather than the kinds of speech referenced above.
Anyway, here are some examples of liberals trying to shut down speech.
ÂŸ Democratic Sens. [...] » Read More
by Paul Gigot
Fox News Channel
PAUL GIGOT, HOST: This week on the “Journal Editorial Report,” charges of Big Brother abound in the wake of the NSA surveillance leaks. But in the era of IRS targeting, government-run health care and exploding federal regulations, should data mining be your biggest worry? And will shutting the program down diminish our terror-fighting abilities?
Plus, a new front in the battle over free speech on campus. Do just- released federal guidelines endanger faculty and student rights?
Welcome to the “Journal Editorial Report.” I’m Paul Gigot.
Charges of Big Brother from both the left and the right this week [...] » Read More
Inside Higher Ed
Earlier this month, the federal Departments of Education and Justice reached an agreement with the University of Montana following an investigation into the university’s compliance with Title IX of the Education Amendments of 1972 — an agreement that the agencies have said should serve as a “blueprint” for colleges and universities.
The administrative burden of following this blueprint is so great that it seems as if the federal government has forgotten that universities exist for a purpose other than sheltering 18-to-21-year-olds from offensive speech. Worse still, the federal blueprint defines sexual harassment so broadly that even colleges and universities [...] » Read More
by Andrea Stagg
Inside Higher Ed
“Holding Colleges Responsible” is the latest example in a slew of articles – many of them quoting the Foundation for Individual Rights in Education – that are meant to alarm anyone with a voice, and the author’s use of selective quotes out of the Education Department’s Office for Civil Rights’s response to FIRE only fans the flame.
At issue is whether the Education Department’s enforcement of a law and guidance that are designed to promote compliance with Title IX of the Education Amendments of 1972 and prevent sexual harassment put free speech at risk. [...] » Read More
by Azhar Majeed
The Huffington Post
One would think the Departments of Justice and Education would be mindful of citizens’ constitutional rights. Unfortunately, recent developments fly in the face of that assumption: New regulations from the DOJ and ED significantly harm student and faculty free speech rights.
On May 9, the departments issued a joint findings letter and resolution agreementconcluding their investigation of the University of Montana’s practices regarding sexual harassment and sexual assault. Rather than limit their findings and agreement to the problems at that particular institution, however, the DOJ and ED went out of their way to [...] » Read More
In a May 9 letter to the University of Montana, the federal government said it would require nearly every college and university in America, public and private, to institute a reporting system for students to report all speech they see as unpatriotic to campus authorities. College administrators will to be required to conduct a thorough investigation of any such report and save all reports in a database.
Outrageous, isn’t it? It recalls totalitarian regimes where neighbors are encouraged to inform on one another, and the authorities have wide discretion to determine whether you are free to [...] » Read More
The Volokh Conspiracy
Joe Cohn of the Foundation for Individual Rights in Education — a group which I very much respect — passed along this response to my post on whether universities should apply the “preponderance of the evidence” standard in deciding whether to expel or otherwise discipline students accused of sexual assault:
Professor Volokh recently authored a post here on The Volokh Conspiracy parting company with my organization, the nonprofit, nonpartisanFoundation for Individual Rights in Education, with regard to our opposition to the Department of Education’s April 4, 2011, “Dear Colleague” letter(DCL), which requires colleges and [...] » Read More