As Professor Glenn Reynolds might say – They told me if I voted Republican the government would use force to control free speech on campus and they were right!

The FIRE reports.

Feds Approve University of Montana Sexual Harassment Policy That Threatens Speech; Faculty Who Refuse Training to Be Reported to Federal Government

WASHINGTON, October 1, 2013—The University of Montana’s (UM’s) new sexual harassment policy threatens the First Amendment rights of students and faculty. Drafted in consultation with the Department of Education’s Office for Civil Rights (OCR) and the Department of Justice (DOJ), the policy was approved by the agencies last week. Faculty members are also alarmed that a list of faculty who refuse to attend the university’s trainings on the new policy will be reported to the federal government.

“Not only has the federal government approved an unconstitutional speech code, it has demanded a list of the names of faculty members who don’t attend a training session about it,” said FIRE President Greg Lukianoff. “Worse still, students and faculty may face discipline even if they are cleared of harassment and discrimination charges. Couple these flaws with broad, vague definitions, and the result is that UM has vast discretion to silence students and faculty members, to the detriment of fairness, clarity, and free speech.”

The federally approved policy empowers UM to “take appropriate action”—apparently including discipline—against a student or faculty member “to prevent the creation of a hostile environment,” even after a university investigation has failed to find the student or faculty member responsible for “discrimination or harassment that creates a hostile environment.” This means that even if UM believes a student or faculty member’s expression is protected by law, it may still prevent that person from speaking.

Making things worse, the names of faculty who do not attend mandatory training sessions regarding this constitutionally suspect policy will be reported to the Department of Justice. The Missoulian newspaper reported that faculty members have sent a letter to UM President Royce Engstrom expressing alarm about this requirement, and that Faculty Senate Chairwoman Liz Putnam believes the concerns are shared throughout the faculty.