Home
/
RELIGION & LIBERTY ONLINE
/
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Jan 15, 2026 5:24 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
Abela: Will Teaching Business Ethics Make Business More Ethical?
On the National Catholic Register, Andrew Abela confesses to a “nagging suspicion that teaching business ethics in a university is not delivering on what is expected of it.” The question is both concrete and academic: Abela is the chairman of the Department of Business and Economics at The Catholic University of America and an associate professor of marketing. He was awarded the Acton Institute’s Novak Award in 2009. Here, he explains the problem with “amoral” business attitudes: … we often...
Carbon Regulation: Ecological Utopia or Economic Nightmare?
In this week’s Acton Commentary, I discuss whether the Environmental Protection Agency’s planned regulation of carbon emissions can be justified from a Christian perspective. The EPA has found that carbon emissions endanger “public health and welfare,” and it is on track to begin regulating vehicle and power plant emissions. Environmentalists claim that policies targeting carbon emissions, such as EPA regulation or a cap-and-trade program, will stimulate the economy by creating green jobs. Unfortunately, this is not the case – the...
Audio: Rev. Sirico on ‘The Principle of Subsidiarity and the Service to the Poor’
On the new Reclaiming the Culture radio show, host Dolores Meehan recently interviewed Acton President Rev. Robert A. Sirico on the subject of “The Principle of Subsidiarity and the Service to the Poor.” Here’s how Meehan describes the show’s mission: Bay Area Catholics are some of the strongest Catholics in the country. Reclaiming the Culture grew out of the desire to show that the Catholic Church in the Bay Area has the resources to confront the prevailing secular culture. Our...
The Economist, Catholicism, and Europe
When es to the sophistication of its coverage of religious affairs, the Economist is better than most other British publications (admittedly not a high standard) which generally insist on trying to read religion through an ideologically-secularist lens. Normally the Economist tries to present religion as a slightly plex matter than “stick-in-the-mud-conservatives”-versus-“open-minded-enlightened-progressivists”, though it usually slips in one of the usual secularist bromides, as if to reassure its audiences that it’s keeping a critical distance. A good example of this is...
Family vs. the State in Indian and Chinese Entrepreneurship
This August 3 Wall Street Journal article is based on a Legatum Institute paring Indian and Chinese entrepreneurship and raises important issues about the roles of the state and the family in promoting entrepreneurship. mon elements between Indian and Chinese wealth-creators are their optimistic view of the pared to Americans (“Why I’m Not Hiring”) and Europeans (“Everything’s Fine With Greece, Just Ignore Some Facts”) presumably, and their lack of concern about the impact of the global financial crises on their...
The Ecumenical Movement and the Nuclear Question
It’s worth noting that the original context of engagement of the ecumenical movement by figures like Paul Ramsey and Ernest Lefever (two voices that figure prominently in my book, Ecumenical Babel) had much to do with foreign policy and the Cold War, and specifically the question of the proliferation of nuclear weapons. Last week marked the anniversary of the bombing of Hiroshima and today is the anniversary of the Nagasaki detonation. As ENI reports (full story after the break), the...
Do We Need Pro-Family Tax Policies?
Last month, in “Europe’s Choice: Populate or Perish,” Acton Research Director Samuel Gregg observed: At a deeper level … Europe’s declining birth-rate may also reflect a change in intellectual horizons. A cultural outlook focused upon the present and disinterested in the future is more likely to view children as a burden rather than a gift to be cared for in quite un-self-interested ways. Individuals and societies that have lost a sense of connection to their past and have no particular...
Publicly Funded Films: A Cautionary Tale
The most basic lesson of all of the various efforts, by both state and federal governments, to provide incentives for films to be made is that with government es government oversight. Once you go down the road of filing for tax credits or government subsidy in various forms, and you depend on them to get your project made, you open yourself up to a host of regulatory, bureaucratic, and censorship issues. It shouldn’t be a surprise, for instance, that states...
Acton on Tap – August 12: American Exceptionalism
Join us on Thursday, August 12, at Derby Station in Grand Rapids as we continue our Acton on Tap series, a casual and fun night out to discuss important and timely ideas with friends. The event is scheduled for 6:00 pm to 8:00 pm and discussion starts at 6:30. American Exceptionalism is a newsworthy topic as some on both the political left and right lament that America’s greatness is slipping away. But what does American Exceptionalism mean and how did...
Re: Broken Windows – University Funding Edition
As Kishore Jayabalan noted yesterday, the fallacy of “broken windows” is, unfortunately, ubiquitous in discussions of public finance and macroeconomics. Though we are told that government spending and public works have a stimulating effect on economic activity, rarely are the costs of such projects discussed. Such is the case with several stimulus projects in my own hometown of Atlanta, GA. The Atlanta Journal-Constitution reportson a list that Sen. John McCain and Sen. Tim Coburn drew up,criticizing wasteful stimulus projects throughout...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved