Home
/
RELIGION & LIBERTY ONLINE
/
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Jan 27, 2026 5:32 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
Report: School-choice advocates cheer Supreme Court ruling in Arizona case
Our Sunday Visitor, the Catholic newspaper, interviewed Acton Research Fellow Kevin Schmiesing for a story about the recent U.S. Supreme Court ruling that threw out a lawsuit against an Arizona tax-credit program that helps private schools. Here’s mentary from Kevin (the full story is now behind the OSV paywall). Kevin E. Schmiesing, a Catholic historian and research fellow at the Acton Institute, a free-market think tank, agreed that the Supreme Court ruling is a hopeful sign for school choice advocates,...
Condit: Obamacare rules belie compassion, care
The Detroit News published Dr. Don Condit’s mentary on Accountable Care Organizations (ACOs) in today’s paper. The ACOs are designed to manage costs under the Patient Protection and Affordable Care Act, better known as Obamacare. Medicare beneficiaries will be “assigned” to 5,000 patient-minimum organizations to coordinate their care. While HHS Secretary Kathleen Sebelius talks about improvement in care, the politically poisonous truth is that Medicare is going broke and ACOs are designed to save money. The words “rationing” or “treatment...
Jim Wallis Drops the Sham Civility
Jim Wallis: Paul Ryan is A Bully & Hypocrite Not so long ago, the Rev. Jim Wallis was positioning himself as the Chief Apostle of Civility, issuing bland pronouncements about all of us needing to get along. His “A Christian Covenant For Civility,” barely a year old, is now looking more tattered than a Dead Sea Scroll. Of course, he took up the civility meme back when he was hoping to brand the Tea Party as a horde of un-Christian,...
Acton Commentary: Do Less with Less
In this week’s Acton Commentary, “Do Less with Less: What the History of Federal Debt and Tax Leverage Teaches,” I reflect on how the federal government has lived beyond its means for decades. This reality is especially important to recognize as we approach Tax Day this year as well as in the context of debates about how to address the public debt crisis. There are many who think we need to raise taxes in order to close the historic levels...
Politics, Civil Society, and Microfinance in South Africa
Returning from a conference earlier this week, I had the chance to speak with Garreth Bloor, a student at the University of Cape Town in South Africa, about his engagement with politics, the role of religion and civil society, and “Mama Africa’s” story of microfinance success. In the interview Garreth mends “The Call of the Entrepreneur” and Lessons from the Poor. ...
What Would Jesus Cut…from the Constitution?
Shane Claiborne and Jim Wallis are posing the question, “What Would Jesus Cut?” in an effort to skew the federal budget debates toward the usual big government solutions favored by the religious left. Recently, Claiborne wrote an article for the Huffington Post, exploring the idea of withholding a portion of his taxes to demonstrate his disapproval of military spending. He announced that he is going to withhold 30 percent of his taxes to protest all U.S. defense spending. Mark Tooley,...
Samuel Gregg: Christians in a Post-Welfare State World
The American Spectator published a mentary by Acton Research Director Samuel Gregg. mentary was also picked up by RealClearReligion. Christians in a Post-Welfare State World By Samuel Gregg As the debt-crisis continues to shake America’s and Europe’s economies, Christians of all confessions find themselves in the unaccustomed position of debating the morality and economics of deficits and how to e them. At present, these are important discussions. But frankly they’re pared to the debate that has yet e. And the...
Water is not a human right
It sounds draconian and contrary to the beliefs of many humanitarian organizations, including the United Nations which declared water as a basic human right in 2010. However, if we expect to take the correct steps forward to solve the global water crisis, then water must be treated as modity not a basic human right. In his book, The Mystery of Capital, and also in an essay published in the International Monetary Fund, Hernando de Soto explains why capitalism has failed...
Acton Commentary: High Gas Prices Devastating to Poor
mentary this week focuses on the how the rise in prices at the pump is impacting the poor. Currently, in many areas of the country a gallon of gas is now priced over $4. I also argue that we need a more coherent energy ing from leaders in Washington. Part of the argument against drilling in ANWR (Arctic Refuge) over a decade ago was that the oil wouldn’t hit the market for 10 years. That’s a very shortsighted way of...
Acton Institute and Kuyper College launch ‘Common Grace,’ a major Abraham Kuyper translation project
The Acton Institute and Kuyper College are partnering to produce a first-ever English translation of Abraham Kuyper’s seminal work Common Grace (De gemeene gratie). The three-volume project will be published through Acton’s recently acquired imprint, Christian’s Library Press, and the first volume is slated to appear in the fall of 2012. More details are appear below and at the Kuyper translation project page. You can sign up at the page to be kept up-to-date as the project progresses. There you...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved