Home
/
RELIGION & LIBERTY ONLINE
/
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Jan 28, 2026 9:42 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
Fast food down under
The Melbourne Herald Sun reports, “Fast food could be subject to a new tax of up to 50 per cent under a plan to fight Australia’s worsening obesity epidemic. The proposed fat tax would, hopefully, steer consumers away from calorie and sugar-laden foods and force them to choose cheaper, healthier options.” ...
Updates from the EU
A morning blend of stories ranging from the strange to the maddening: Car-pool no-no: “a group of French cleaning ladies who organised a car-sharing scheme to get to work are being taken to court by a pany which accuses them of ‘an act of unfair and petition’.” HT: Confessing Evangelical Corporate raiding: “The European Commission said it had raided offices of Intel Corp puter makers and sellers across Europe…. Intel is under investigation by petition department for alleged unfair trade...
Olasky on world religions
In this interview for , Acton Institute senior fellow Marvin Olasky talks about his book, The Religions Next Door. Olasky says, in part, on the importance for Christians to learn about other religions, Number one, as part of general knowledge, we should know about other religions if we want to understand something about American history, world history, and different cultures of the world. For the purpose of understanding the world and people, then sure we want to do that. Number...
3 trains collide killing at least 150
Nearly 1,000 people were on three trains that collided in southern Pakistan Wednesday morning, killing at least 107 people and injuring 800 more. Police now say the death toll is at least 150. One train, the Karachi Express, rammed into the back of another, the stationary Quetta Express, after missing a signal causing several cars to derail. The derailed carriages were then hit almost simultaneously by a third train, the ing Tezgam Express, which was taking passengers from Karachi north...
More government control of charities looms
As public policy debate about the extent of government regulation over charities, Karen Woods argues in favor of a mon sense approach” that “would look to transparency and accountability measures that are already on the books, rather than fashioning yet more regulation and mandated enforcement from public agencies.” Read the full text here. ...
More praise for world population day
Apparently Europe is buying in to the concept. Here are two key paragraphs from today’s Washington Post, in this article from Robert J. Samuelson, “The End of Europe”: It’s hard to be a great power if your population is shriveling. Europe’s birthrates have dropped well below the replacement rate of 2.1 children for each woman of childbearing age. For Western Europe as a whole, the rate is 1.5. It’s 1.4 in Germany and 1.3 in Italy. In a century —...
9/11 made me do it
Jason Battista, 28, is citing stress from the Sept. 11, 2001, terrorist attacks in a bid for less prison time, the second time the argument has been used by a bank robber. Battista is expected to be sentenced for robbing 15 banks in Connecticut, New York and New Jersey. He was “impacted deeply” by the terror attacks, said his attorney, Stephen Seeger. “He was unable to function properly because of what he saw,” Seeger said. “The drug use seemed to...
Virtual world project
For a very cool tool for anyone interested in archaeology, Biblical studies, or ANE history, check out The Virtual World Project hosted by Creighton University. To see the site I worked on in the summer of 1999, check out Israel: Galilee: Bethsaida (on the north side of the Sea of Galilee). ...
The virtues of drink
Some caricatures of Puritans depict them as strict, severe, and stolid. H.L. Mencken’s famous definition of a Puritan is an example of this: “A Puritan is someone who is desperately afraid that, somewhere, someone might be having a good time.” This stereotype carries over into various areas of life that are often considered “fun,” including the drinking of alcoholic beverages. Indeed, Christians have historically been at the forefront of efforts at prohibition of various drugs, most notably perhaps in the...
The telecom cowboy weeps
Bernie Ebbers got 25 years in the cooler for his role in the demise of WorldCom. If he serves the full sentence, he’ll be 85 years old when they let him out. Here’s how AP described his reaction when the verdict came down: Ebbers sniffled audibly and dabbed at his eyes with a white tissue as he was sentenced. He did not address the court. His wife, Kristie Ebbers, cried quietly. Later, the two embraced as the courtroom emptied. Now,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved