FIRE’s Speech Codes of the Year for 2014
Samantha Harris of the FIRE blog has the details.
And the awards go to…
Speech Codes of the Year: 2014
Each month, FIRE singles out a particularly reprehensible campus speech code for our Speech Code of the Month designation. While all of 2014’s Speech Codes of the Month flagrantly violated students’ or faculty members’ right to free expression, two of them were so egregious that they deserve special mention as 2014’s Speech Codes of the Year.
University of Richmond
The University of Richmond’s Standards of Student Conduct (PDF) prohibit “disruption,” which includes, among other things, “inappropriate behavior or expression.” This extraordinarily broad and vague prohibition gives the university administration total discretion to punish virtually any speech that another person subjectively finds “inappropriate.” In other words, no speech is safe from punishment at Richmond.
Pennsylvania State University
This year, Penn State adopted a restrictive new definition of sexual harassment: “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is unwanted, inappropriate, or unconsented to.”
This policy change is part of an alarming trend prompted by guidance from the Department of Education’s Office for Civil Rights (OCR). In May 2013, OCR entered into an agreement with the University of Montana that it called a “blueprint for colleges and universities throughout the country to protect students from sexual harassment and assault.” In this agreement, OCR defined sexual misconduct as “unwelcome conduct of a sexual nature,” including “verbal conduct” (i.e., speech). Since that time, a number of schools, fearing a loss of federal funding, have adopted policies that use this unconstitutionally overbroad definition of sexual harassment. FIRE expects that this trend will continue in the absence of crystal-clear guidance from OCR to the contrary. This distressing development threatens to reverse years of progress towards fewer campus speech codes.
Comments
Lawsuits need to be initiated to end this gross denial of rights. Any administrator who goes along with this foolishness needs to be sued personally so that they lose money when the policy is found to be unconstitutional.