Home
/
RELIGION & LIBERTY ONLINE
/
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Jan 11, 2026 7:49 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
Youth and the Relevance of the Gospel
There’s been a spate of stories lately in various media about the difficulty that evangelical denominations are having keeping young adults interested in the life of the institutional church. Here’s one from USA Today, “Young adults aren’t sticking with church” (HT: Kruse Kronicle; Out of Ur). And here’s another from a recent issue of my own denomination’s magazine, The Banner, “Where Did Our Young Adults Go?” I wonder if the push to be “relevant,” initiated largely by the baby boomer...
The Fate of the Family Farm
To hear the NYT tell it (and Sojourners, for that matter), the family farm is facing severe threats. With no small degree of dramatic flourish, the NYT editorial linked above concludes: For the past 75 years, America’s system of farm subsidies has unfortunately driven farming toward such concentration, and there’s no sign that the next farm bill will change that. The difference this time is that American farming is poised on the brink of true industrialization, creating a landscape driven...
Environmental Stewardship News Round-Up (cont.)
The following items are the continuation of the Cornwall Alliance for the Stewardship of Creation Newsletter, August 15, 2007: Those first five major developments are themselves worthy of an entire issue of this newsletter, and the last two are significant as well. But here are some additional stories worth noting since our last issue: 1. Natural explanation for all climate variability in last century? Science Daily, August 1, 2007 [University of Alabama climatologist Roy Spencer informed us of this article,...
Marketing is the New Finance
No doubt feeding the fears of those who believe that global corporations pose the greatest threat to the future flourishing of humanity, such multi-nationals are beginning to hire their own economists, much like governments have their own financial and economic experts. See, for instance, this interview on the WSJ Economics Blog with UC-Berkeley economist Hal Varian, who has taken a position as chief economist with Google, Inc. Where will Varian be focusing his attention? In his words, “I think marketing...
Sicko and the Sick Man of the Great White North
Time sure does fly. It’s been almost two years since I called Canada’s government-run health care system “The Sick Man of the Great White North” and wrote: Canada’s system may be the gold standard for government-run health care, but only if you’re looking for a system that can’t provide essential medical services in a timely manner. Sadly, nothing much has changed in the interceding time between that post and now. In fact, things are very much the same: Canadians still...
College Professors Biased Against Christians?
Many students who identify as Evangelical Christians and attend a state or public university are reporting severe bias against their beliefs in the classroom. “Tenured Bigots,” is the title of Mark Bergin’s article in World Magazine which highlights statistical proof of enormous prejudice by faculty members against evangelicals. Surprised? Of course not! The findings about attitudes toward Evangelicals actually turned up in a study designed to gauge anti-Semitism. The analysis was conducted by Gary Tobin, president of the Institute for...
The Greatest Lawsuit Ever
For your reading pleasure, I present you with a partial list of defendants from the case of Riches v. Bush et al: George W. Bush, Hillary Rodham Clinton, James Hoffa, , Pope Benedict XVI, Kingdom of Saudi Arabia, John Deere, , Adolf Hitler’s National Socialist Party, Roc-A-Fella Records, Shawn Carter (doing business at Jay-Z), Japan’s Nikkei Stock Exchange, Gambino (crime family), Three Mile Island, Tony Danza, Islamic Republic of Iran, University of Miami, GEICO Insurance, Jewish State of Israel, Soledad...
Asylum vs. Assistance
In connection to Acton’s recent coverage of the New Sanctuary Movement, which shelters illegal immigrants in churches to protect them from deportation, see this fascinating Christianity Today piece that explains the history of the church sanctuary concept. A few excerpts…. “As a product of a time when justice was rough and crude,” law professor Wayne Logan summarized in a 2003 Harvard Civil Rights-Civil Liberties Law Review article, “sanctuary served the vital purpose of staving off immediate blood revenge.” If the...
Evangelizing the Powers
As one might infer from Lord Acton’s maxim, the question has been raised: Did proximity to political power corrupt Billy Graham’s chaplaincy to the presidency? GetReligion’s Douglas LeBlanc surveys the recent attention paid by the mainstream media to this part of Graham’s pastoral mission, and concludes in concord with Randall Balmer, “The gospel is better served when religious leaders keep a healthy distance from political power. The challenge for future presidents will be to find spiritual guidance and solace from...
The Global Warming Debate: Yada, Yada, Yada
I am not a prophet, not even a futurist. I do study trends, now and then, and I try to pay careful attention to popular culture. One thing I am quite sure about: global warming will be a central issue in public debates and political campaigns for some time e. It has e the Apocalypse Now issue of our generation. (Overpopulation, the nuclear threat and global cooling did it only a few decades ago.) The simple premise, virtually unchallenged in...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved