Home
/
RELIGION & LIBERTY ONLINE
/
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Dec 12, 2025 6:45 AM

Not content to trample only the religious freedom side of the First Amendment, the federal government has decided to ignore the free speech side too.

As the Foundation for Individual Rights in Education (FIRE) reports, the U.S. Departments of Justice and Education have joined together to mandate that virtually every college and university in the United States establish unconstitutional speech codes that violate the First Amendment and decades of legal precedent.

Ina letter sent yesterday to the University of Montanathat explicitly states that it is intended as “a blueprint for colleges and universities throughout the country,” the Departments of Justice and Education have mandateda breathtakingly broad definition of sexual harassment that makes virtually every student in the United States a harasserwhile ignoring the First Amendment. The mandate applies to every college receiving federal funding—virtually every American institution of higher education nationwide, public or private.

The letter states that “sexual harassment should be more broadly defined as ‘any e conduct of a sexual nature'” including “verbal conduct” (that is, speech). It then explicitly states that allegedly harassing expression need not even be offensive to an “objectively reasonable person of the same gender in the same situation”—if the listener takes offense to sexually related speech forany reason, no matter how irrationally or unreasonably, the speaker may be punished.

Eugene Volokh, a law professor at UCLA School of Law, says that this is telling universities to institute speech codes:

And not just any old speech codes: Under these speech codes, universities would be required to prohibit students from, for instance,

1. saying e” “sexual or dirty jokes”

2. spreading e” “sexual rumors” (without any limitation to false rumors”

3. engaging in e” “circulating or showing e-mails of Web sites of a sexual nature”

4. engaging in e” “display or distribution of sexually explicit drawings, pictures or written materials”

5. making e” sexual invitations.

This is not limited to material that a reasonable person would find offensive. Nor is limited to material that, put together, creates a “hostile, abusive, or offensive educational environment.” (I think even speech codes that would have these requirements are unconstitutional, but the speech codes that the government is urging would in any event not have these requirements.) Every instance of such material of a “sexual nature,” under the government’s approach, would be “sexual harassment” and would need to be banned.

For the past few decades, campus speech codes have been used not to protect students but to force them to conform to politically correct standards. This latest move by the Obama administration will not only make the situation worse but will make it impossible to determine what sorts of speech can and cannot be said on campus.

As Greg Lukianoff, president of FIRE say, “The federal government has put colleges and universities in an impossible position with this mandate. With this unwise and unconstitutional decision, the DOJ and DOE have doomed American campuses to years of confusion and expensive lawsuits, while students’ fundamental rights twist in the wind.”

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
On Call in Culture Skills Review
Over several weeks we have been talking about the skills we need to develop as we are On Call in Culture; a Kingdom-focused memory, storytelling (which involves observation and reflection), and vulnerability. Each one plays an important part of us making an impact on our culture as God works through us daily. We have also provided resources to help you develop each skill. In “My Mind in God’s Hands” we thought about focusing our minds on Kingdom values so our...
Who Counts as Middle Class?
As the Presidential debates draw near, there is one question that tops my wish list of questions that should (but won’t be) asked of the candidates: What e range constitutes “middle class”? This undefined group of citizens seems to be a favorite of politicians on both ends of the political spectrum. Reagan and Bush cut their taxes. Clinton too. And Obama promised not to raise their taxes. But who are these people? Ask the janitor sweeping pany’s floors and he’ll...
Christian Discipleship and the Vocation of Business
The idea that being a monastic is godly while being a businessperson is worldly reflects a widely held belief among Christians, says James R. Rodgers. But the pursuit of a vocation in business doesn’t necessarily means the embrace of a lesser form of the Christian life: While I would be loath to argue that the pursuit of business is superior to the pursuit of monasticism, I nonetheless would insist that business vocations do not necessarily entail a lesser form of...
The Problem of Political Messianism
Messianic claims and expectations about politicians are problematic whether e from the left or from the right, says Ray Nothstine. In his speech at the John Locke Foundation, Nothstine discusses the problems associated with political messianism in American politics. Click here to watch a video of the entire speech. ...
The False Hope of the Welfare State
In his debut column at Forbes, Fr. Robert Sirico discusses how the collapse of European economies has exposed the false hope of the welfare state: [T]he great lie at the heart of the passing welfare state, with its empty promises of eternal security and freedom from want. The welfare state and its advocates would have us believe that they have a political solution for a world where scarcity and human brokenness still hold sway. This false hope is what Pope...
Is Work the Meaning of Your Life?
The subtitle of Lester DeKoster’s little classic, Work: The Meaning of Your Life–A Christian Perspective, can be a bit off-putting. Is work really the meaning of your life? On the one hand, when we understand DeKoster’s definition of work, we might be a bit more amenable to the suggestion. DeKoster says that work is essentially our “service of others.” This means that “work” as such is not strictly defined as waged labor outside the home, for instance. But there is...
What Causes Wealth (and Dishonesty and Greed)?
A recent national Pew Research Center survey has found conflicting opinions regarding many Americans’ view of the rich: As Republicans gather for their national convention in Tampa to nominate a presidential candidate known, in part, as a wealthy businessman, a new nationwide Pew Research Center survey finds that many Americans believe the rich are different than other people. They are viewed as more intelligent and more hardworking but also greedier and less honest. Nearly six-in-ten survey respondents (58%) also say...
Abel the Righteous Entrepreneur
Check out this video, which is interesting on a number of levels (HT: James R. Otteson): Hazony points to some really important ideas in this short video. In many ways the culture war, so to speak, es down to a clash of worldviews about what work is and ought to be. For a narrative that sets the problem up the same way, but favors the “Leavers” over the “Takers,” see the work of Daniel Quinn, particularly his novel Ishmael. I’m...
ResearchLinks – 08.31.12
Conference: “Global Commodities: The Material Culture of Early Modern Connections, 1400-1800” Global History and Culture Centre – University of Warwick – 12-14 December 2012. This International conference held at the Global History and Culture Centre of the University of Warwick seeks to explore how our understanding of early modern global connections changes if we consider the role material culture played in shaping such connections. In what ways did material objects participate in the development of the multiple processes often referred...
What Do Democrats and Republicans Agree On?
What economic issues do America’s two main political parties agree on? The short answer: not much. But the New York Time‘s Annie Lowrey identifies eight areas of overlap: 1. Tax simplification 2. Regulatory simplification 3. Fannie and Freddie 4. Avoiding the fiscal cliff 5. Son of Debt Ceiling 6. Drill, baby, drill 7. Start-ups 8. Iran sanctions What is interesting about the list is that except for the items that are overly obvious (e.g., #4 could be restated as “Avoid...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved