Home
/
RELIGION & LIBERTY ONLINE
/
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Jan 8, 2026 6:14 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
Market and Government Failure
An essay of mine appears today over at the First Things website as part of their “On the Square: Observations & Contentions” feature. In “Between Market and State,” I explore the dialectic logic of market and government “failure,” which functions in part to provide us with a false dilemma: our solution to social problems must lie with either “market” or “state.” I work out this logic in the context of the sub-prime mortgage crisis, and conclude that non-profits play a...
Happy Patriots’ Day
Patriots’ memorates the opening battles of the American Revolution at Lexington and Concord on April 19, 1775. It is officially celebrated in Massachusetts and Maine, and is now observed on the third Monday in April to allow for a three day weekend. Patriots’ Day is also the day upon which the Boston Marathon is held and the Boston Red Sox are always scheduled to play at home with the only official A.M. start in Major League Baseball. My Patriots’ Day...
Acton Commentary: “Despotism – The Soft Way”
Sam Gregg marks the 150th anniversary of the death of Alexis de Tocqueville whose great work “Democracy in America” warned about the dangers of fortable servility. “The American Republic,” Tocqueville wrote, “will endure until the day Congress discovers that it can bribe the public with the public’s money.” Read mentary at the Acton website ment on it here. ...
PBR: Rwanda and Reconciliation
This year April 6th marked the 15th anniversary of beginning of the genocide in Rwanda. Catherin Claire Larson, a senior writer and editor at Prison Fellowship Ministries, has written a new book called As We Forgive: Stories of Reconciliation from Rwanda, which focuses on how such wounds opened up fifteen years ago are being healed today. (Larson’s book is inspired by the award-winning film of the same name, which debuted in April 2008. Comment carried an interview with Laura Waters...
Acton Commentary: Religious Freedom Doesn’t Mean Religious Silence
The First Amendment rights of religious groups are under assault in the public square. As Kevin Schmiesing reminds us in today’s Acton Commentary, “History’s tyrants recognized the progression that some of us have forgotten: Where people are free to act according their conscience, they will demand the right to determine their political destiny.” Read mentary at the Acton Website ment on it here. ...
PBR: The End of Poverty
This Sunday I’ll be giving a talk at Fountain Street Church on the life and work of Dietrich Bonhoeffer. His unfinished Ethics is a tantalizing work, full of insights and conundrums. Here’s what he writes in the essay, “On the Possibility of the Church’s Message to the World,” with regard to the church’s engagement in social justice: Who actually says that all worldly problems should and can be solved? Perhaps to God the unsolved condition of these problems may be...
April Fools and April 15th
Just in time for April 1st and April 15th, let’s talk about taxes. On April 1st, the excise tax on cigarettes was increased dramatically—from $.39 to $1.01 per pack. It’s fitting that this occurred on April Fools’ Day, since it served to break President Obama’s campaign pledge not to increase “any form of” taxes on any family making less than $250,000 per year. Independent of breaking a campaign promise, such a tax is attractive for non-smokers since the costs are...
Orthodox Christianity And Capitalism — Are They Compatible?
Kevin Allen, host of The Illumined Heart podcast on Ancient Faith Radio, interviews writer, attorney, and college professor Chris Banescu, an Orthodox Christian, about the economic, moral and spiritual issues surrounding the market economy. Kevin asks: Does the capitalist system serve “the best interests of Christians living the life of the Beatitudes?” Listen to Chris Banescu on Orthodox Christianity and Capitalism: [audio: Read “A Primer on Capitalism” on Chris’ personal Web site. He is also the author of two articles...
Acton Commentary – “Earmarks: Don’t Mend Them, End Them”
In this piece John Pisciotta, a professor of economics at Baylor University, offers a number of sound reasons for getting rid of earmarks on appropriations bills, including their tendency to invite corruption. “Those who seek them are tempted to skirt the law to win favor with a legislator so as to be graced with an earmark,” he writes. “We should not be surprised that a handful of former members of Congress now receive free room and board at federal prisons.”...
Notre Dame, Georgetown and President Obama
The Detroit News published a column yesterday that I wrote about Catholic identity and the controversies sparked by President Obama’s visit to Georgetown and his planned speech at Notre Dame. National Review Online also published a variation of the same column last week under the title, The Catholic Identity Crisis. Here’s the Detroit News column: President Barack Obama made an ment on economics during his April 14 speech at Georgetown University. “We cannot rebuild this economy on the same pile...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved