It’s been a big week for news of Obama administration wrongdoing, with four scandals swirling on Capitol Hill, but this oughtn’t get lost in the shuffle: The federal government is ordering that college campuses nationwide institute unconstitutional speech codes:
In a letter sent yesterday to the University of Montana that explicitly states that it is intended as “a blueprint for colleges and universities throughout the country,” the Departments of Justice and Education have mandated a breathtakingly broad definition of sexual harassment that makes virtually every student in the United States a harasser while 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 unwelcome 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 for any reason, no matter how irrationally or unreasonably, the speaker may be punished.
The second paragraph is the key one: Any speech related to sex that offends anyone is banned, even if is it not reasonable to take offense. And remember that two years ago, the administration ordered that college campuses eliminate due process in sexual harassment complaints.
That’s the First and Fifth amendments, both eliminated on college campuses by the president who once taught Constitutional law.
POSTSCRIPT: The Washington Post is bleating that the IRS scandal and the AP phone records scandal “have challenged Obama’s credibility as a champion of civil liberties”! What? This man is attacking our civil liberties all the bloody time. You just haven’t been paying attention.