Lake Erie Conservative

thoughtful discussion(s) about issue(s)

… Have they Gone Mad ?? …

Posted by paulfromwloh on Sunday,May 12th,2013

.. this is another one from LI . However , this one is far more important , especially if you have college age kids , especially young men …

.. its breadth and depth are outrageous and scary . What the ObamaCraps involved are trying to do is beyond outrageous . It is waaaaay beyond a grotesque misuse and abuse of power . It acts , in effect , to try to turn our colleges and universities into
prisoner – of – war camps . and , no , I am not kidding …

The FIRE: “The government has mandated speech codes on all campuses”

Posted by William A. Jacobson   Friday, May 10, 2013 at 5:56pm

“I hoped I would never see this day, but I feared I would.”
 
The Foundation for Individual Rights In Higher Education (FIRE) is the premier
non-partisan organization fighting to protect free speech and other
constitutional rights on campus.  The FIRE defends everyone’s rights, regardless
of political affiliation.
 
We have cited The FIRE numerous times here and at College Insurrection, and they
have submitted a few guests posts on campus issues.
 
The FIRE is not an organization prone to hyperbole.
 
… So when I received this email late this afternoon from FIRE Senior Vice
President Robert Shibley, it got my attention:
 

THIS. IS. OUTRAGEOUS. The government has mandated speech codes on all campuses.
I hoped I would never see this day, but I feared I would.
 
This press release was linked in the email:
 

FEDERAL GOVERNMENT MANDATES UNCONSTITUTIONAL SPEECH CODES AT COLLEGES AND
UNIVERSITIES NATIONWIDE
 
WASHINGTON, May 10, 2013—In a shocking affront to the United States
Constitution, 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.
 
“I am appalled by this attack on free speech on campus from our own government,”
said Greg Lukianoff, president of the Foundation for Individual Rights in
Education (FIRE), which has been leading the fight against unconstitutional
speech codes on America’s college campuses since its founding in 1999. “In 2011,
the Department of Education took a hatchet to due process protections for
students accused of sexual misconduct. Now the Department of Education has
enlisted the help of the Department of Justice to mandate campus speech codes so
broad that virtually every student will regularly violate them. The DOE and DOJ
are ignoring decades of legal decisions, the Constitution, and common sense, and
it is time for colleges and the public to push back.”
 
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.
 
This result directly contradicts previous Department of Education guidance on
sexual harassment. In 2003, the Department of Education’s Office for Civil
Rights (OCR) stated that harassment “must include something beyond the mere
expression of views, words, symbols or thoughts that some person finds
offensive.” Further, the letter made clear that “OCR’s standards require that
the conduct be evaluated from the perspective of a reasonable person in the
alleged victim’s position, considering all the circumstances, including the
alleged victim’s age.”
 
Among the forms of expression now punishable on America’s campuses by order of
the federal government are :

 — Any expression related to sexual topics that offends any person . This
 leaves a wide range of expressive activity -— a campus performance of “The Vagina
 Monologues,” a presentation on safe sex practices, a debate about sexual morality ,
 a discussion of gay marriage, or a classroom lecture on Vladimir Nabokov’s Lolita
 [-—] subject to discipline.
 — Any sexually themed joke overheard by any person who finds that joke
 offensive for any reason.
 — Any request for dates or any flirtation that is not welcomed by the recipient
 of such a request or flirtation.
  
There is likely no student on any campus anywhere who is not guilty of at least
one of these “offenses.” Any attempt to enforce this rule evenhandedly and
comprehensively will be impossible….
 
Read the rest at the link.
 
The FIRE has set up an Action Page where you can send emails to the Departments
of Education and Justice.  Here are the contact persons if you want to email
them directly (as always, be polite):
 

Seth Galanter
 
Office for Civil Rights, Dept. of Education
 
Email:OCR@ed.gov
 

Chief Anurima Bhargava
 
Civil Rights Division, Dept. of Justice
 
Email:ASKdoj@usdoj.gov
 ** my note — this link is the legal agreement between the University of Montana , the Department of Education , and the ObamaCrap Department of InJustice . And yes , the university ‘ s president , on the school ‘ s behalf , did sign the settlement …
This is a continuation of the reign of politically correct terror on campuses,
in which conservatives and men inevitably will be the ones singled out, a point
we made in Kangaroo courts for men on campus.
 
Though extensive due process protections apply to the investigation of crimes,
and to criminal trials, perhaps the most important part of the criminal process
— the decision whether to charge a defendant, and with what — is almost entirely
discretionary.  Given the plethora of criminal laws and regulations in today’s
society, this due process gap allows prosecutors to charge almost anyone they
take a deep interest in.  This Essay discusses the problem in the context of
recent prosecutorial controversies involving the cases of Aaron Swartz and David
Gregory, and offers some suggested remedies, along with a call for further
discussion.
 
Now everything is a speech crime on campus, and the administrators get to pick
and choose who is guilty.
 

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