It’s getting to the point where some schools define sexual harassment so broadly that almost anything qualifies.

Samantha Harris reports at the FIRE blog.

Speech Code of the Month: Georgia Southern University

Last month, we highlighted a policy change at Pennsylvania State University that tracks the recommendations made by OCR in its May 2013 agreement with the University of Montana, which OCR described as a “blueprint for colleges and universities throughout the country to protect students from sexual harassment and assault.” In the so-called “blueprint,” OCR instructed the University of Montana that “sexual harassment should be more broadly defined as ‘any unwelcome conduct of a sexual nature,’” including “verbal conduct.” Under this broad definition, virtually any sex- or gender-related speech could be sexual harassment as long as someone, however sensitive, finds it unwelcome.

In June 2014, Georgia Southern University likewise revised its sexual harassment policy to comport with the “blueprint.” Prior to June, GSU defined sexual harassment in the educational setting as sexual conduct that “unreasonably interferes with an individual’s work, living environment, academic performance, or creates an intimidating or hostile work or academic environment.” Now, it is simply defined as—you guessed it—“unwelcome conduct of a sexual nature.”

The federal government’s foray into campus censorship is having serious consequences, and it will continue to do so. Because the incentives are so dramatically different when the pressure to censor comes from a federal agency capable of cutting off a school’s federal funding, the response from free speech advocates must be different too. While we of course must urge universities like Georgia Southern and Penn State to take a stand for their students’ First Amendment rights, it is yet more critical that we sound the alarm about this government overreach until someone—whether from within OCR or above it—puts an end to this nonsense.