Home
/
RELIGION & LIBERTY ONLINE
/
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Jan 12, 2026 7:18 PM

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
Economic problems are not driving opioid overdose deaths
The opioid epidemic has e one of the deadliest drug crises in American history. In 2015, more peopledied from drug overdosesthan in any year on record, and the majority of drug overdose deaths—more than six out of ten—involved an opioid. A study of emergency rooms in the U.S. also found that since 1999, the number of overdose deaths involving opioids (including prescription opioid pain relievers and heroin) nearly quadrupled. Altogether nearly half a million people died from drug overdoses in...
Apply today for a 2018 internship at Acton
A 2016 NACE Center report on millennial hiring indicated that internships help 81.1 percent of graduates “shift their career directions either slightly or significantly.” At Acton, we place an emphasis on assisting young men and women to discover their vocational calling through internships. The holiday season may have just ended, but we already find ourselves anticipating the energy and enthusiasm that 18 young leaders will bring to the Acton office this summer. In addition, we have re-branded the Acton summer...
Asymmetric information and used cars
Note: This is post #64 in a weekly video series on basic microeconomics. Adverse selection occurs when an offer conveys negative information about what is being offered. For example, in the market for used cars, sellers have more information about the car’s quality than buyers. This leads to the death spiral of the market, and market failure, explains Marginal Revolution University. However, the market has developed solutions such as warrantees, guarantees, branding, and inspections to offset information asymmetry. (If you...
The euro, Brussels, and the Russian bear
The government of Poland is part of the new surge of populism, openly defying the European Union on numerous policy fronts and rebuffing calls for an “ever-closer union.” So, why did its prime minister recently raise the possibility of adopting the euro? What is happening, and how should people of faith think about a single European currency? Are there moral issues at stake? “Adoption of mon euro currency should be understood first and foremost as politics, and only then as...
Why government is not just a necessary evil
In the Federalist Papers James Madison claimed that, “If men were angels, no government would be necessary.” But is that true? James R. Rogers, an associate professor of political science at Texas A&M University, explains why some form of government would be necessary even if man were still in a prelapsarian state of nature: [E]ven without the Fall, there would be a role for civil government for the duly recognized person who exercises civil authority. Even in an unfallen society,...
Explainer: What you should know about a government shutdown
Why is there talk about a government shutdown? In December Congress passed the Further Additional Continuing Appropriations Act, 2018 (H.R. 1370) which provides non-discretionary funding through January 19, 2018. Because that Act expires at midnight on Friday, Congress must pass a new continuing appropriations act to keep the government operating. Democrats in Congress are insisting that any new stop-gap spending measure to keep the government funded must include a legislative fix on the Deferred Action for Childhood Arrivals (DACA) act....
Radio Free Acton: Jennifer Roback Morse on family breakdown and the economy; Upstream on Darkest Hour
On this episode of Radio Free Acton, Trey Dimsdale, Director of Program Outreach at Acton, speaks with Jennifer Roback Morse, founder of the Ruth Institute, about her ing Acton Lecture Series talk on family breakdown and the economy. Then, on the Upstream segment, Bruce Edward Walker talks to Acton’s Patrick Oetting on the new film Darkest Hour. Check out these additional resources on this week’s podcast topics: Register here to attend Acton’s Lecture Series event on January 25, featuring Jennifer...
Macron’s Orwellian fake news fix
“On January 3, during his first press event of the new year, French President Emmanuel Macron presented a proposal intended to ‘protect the democratic life’ of France from ‘fake news,’” writes Marcin Rzegocki in this week’s Acton Commentary. Macron would make it “possible for judges to remove fake news stories, delete the links to them, block the sites, or close the offending users’ accounts.” The French president is not alone with his ideas to limit foreign information in his country....
The 3 reasons Martin Luther King Jr. rejected Communism
Today is Martin Luther King Jr. Day in the United States, but the civil rights leader is a figure of worldwide significance. He learned the principles of non-violence from those resisting the British empire, received the Nobel Peace Prize in Stockholm, and is one of the “twentieth century martyrs” whose statue sits atop the great west door of Westminster Cathedral (alongside Maximilian Kolbe, Dietrich Bonhoeffer, and others). And 50 years after his death, his moral crusade for equal treatment under...
The 2 things that can help Africans prosper
For too long, the West’s policy toward Africa could be summed up in two words: foreign aid. Somehow, temporary funds transfers – many of which never reach their recipient country and end up in the pockets of well-connected Western professionals – would solve structural development issues. MIT economist Daron Acemoglu once derided some foreign aid plans as “get-rich-quick schemes.” Those developmental policies, like Ponzi schemes, hurt the would-be beneficiary. “Even as the level of foreign aid into Africa soared through...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved