Category: Free Speech

SAVE Commends 21 Senators Who Criticized ‘Lawless’ Title IX Proposal

Post author By Edward Bartlett
Post date July 26, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

SAVE Commends 21 Senators Who Criticized ‘Lawless’ Title IX Proposal

WASHINGTON / July 26, 2022 – SAVE applauds the 21 Republican senators who recently sent the Department of Education a letter that is critical of its Title IX proposal (1). The communication notes, “the new proposed rule encourages institutions to adopt processes that have either been struck down or been viewed skeptically by multiple courts.”

The letter was signed by Senators Richard Burr (N.C.), Roger Wicker (Miss.), Cindy Hyde-Smith (Miss.), John Barrasso (Wyo.), John Boozman (Ark.), Mike Braun (Ind.), Bill Cassidy (La.), Tom Cotton (Ark.), Kevin Cramer (N.D.), Ted Cruz (Texas), Steve Daines (Mont.), Joni Ernst (Iowa), James Inhofe (Okla.), James Lankford (Okla.), Cynthia Lummis (Wyo.), Roger Marshall (Kan.), Marco Rubio (Fla.), Rick Scott (Fla.), Tim Scott (S.C.), Thom Tillis (N.C.), and Tommy Tuberville (Ala).

SAVE regards the Title IX proposal as “lawless” because it seeks to effectively overturn the decisions of hundreds of trial and appellate court judges, a milestone Supreme Court decision, and explicit congressional intent:

Due Process: Hundreds of judicial decisions against universities, of which 175 are summarized in a recent SAVE analysis (2), provide for a series of due process rights to accused students, including impartial investigations, prior review of evidence, and hearings with cross-examination. Unfortunately, the proposed Department of Education rule seeks to remove these constitutionally-based rights.

Definition of Sexual Harassment: The regulatory proposal seeks to negate the Supreme Court’s 1999 Davis v. Monroe definition of sexual harassment as conduct that is “severe, pervasive, and objectively offensive” (3). Specifically, the Department of Education proposes a dramatic and unwieldy expansion of sexual harassment to be, “conduct that is sufficiently severe or pervasive, that, based on the totality of the circumstances and evaluated subjectively and objectively, denies or limits a person’s ability to participate” in their education.”

Definition of Sex: The draft regulation seeks to redefine the word “sex” to include “gender identity.” This would serve to erase congressional intent as reflected in the original Title IX law. Federal Judge Kim Gibson has opined, “On a plain reading of the statute, the term ‘on the basis of sex’ in Title IX means nothing more than male and female….It is within the province of Congress—and not this Court—to identify those classifications which are statutorily prohibited.” (4)

Under the American system of government, the Executive branch is charged with carrying out the laws that are enacted by Congress. The Department of Education’s attempt to redefine “sex” represents an arrogant usurpation of the prerogatives and rights of the Legislative branch.

To date, 130 organizations and 58 editorials have expressed opposition to the Title IX plan (5). A rally will be held in Washington, DC on August 11 to highlight these concerns, and to call on the Department of Education to abandon its plans to move forward with its Title IX proposal (6).

Citations:

Campus Due Process Free Speech Office for Civil Rights Press Release Restraining Order Sexual Harassment Title IX

Three Judicial Decisions Spotlight Flaws of Biden Title IX Plan. SAVE Urges Lawmakers to Not Remain Silent.

Post author By Edward Bartlett
Post date July 25, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Three Judicial Decisions Spotlight Flaws of Biden Title IX Plan. SAVE Urges Lawmakers to Not Remain Silent.

WASHINGTON / July 25, 2022 – Three judicial decisions handed down in the past month reveal major problems with the proposed Title IX policy that was recently released by the Department of Education (1). Over 130 organizations around the country have come out in opposition to the plan (2). SAVE urges lawmakers to speak out strongly against the Biden proposal.

The three judicial decisions highlight the harmful effects of the Title IX proposal on free speech, women’s sports, and due process.

Free Speech

On June 30, the District Court of Idaho handed down a decision against the University of Idaho in favor of three Christian law students who had objected to Title IX “no contact orders” that were issued against them (3). The orders had been issued only because the students had offered to engage in a respectful conversation about biblical teachings of marriage and sexuality. In the ruling, Judge David Nye noted that the university’s actions, “were designed to repress specific speech.”

The decision highlights the fact that the Department of Education is proposing a sweeping re-definition of sexual harassment that many believe will interfere with the exercise of free speech (4).

Women’s Sports

On July 15, Judge Charles Atchley of the Eastern District Court of Tennessee ordered the U.S. Department of Education to cease its unlawful enforcement of a directive allowing transgender athletes to participate in women’s sports (5).

The decision is timely because the proposed Title IX regulation would expand the definition of “sex” to include “gender identity,” opening the door to wider participation of transgenders in women’s sports. In response, federal lawmakers of both parties have issued statements condemning the policy’s harmful effects on female athletics (6).

Due Process

Last Wednesday, Judge CJ Williams of the District Court of Northern Iowa issued a sweeping decision against Fordt University. The court noted widespread procedural irregularities including not informing the accused student of his rights, bias by the Title IX Coordinator, and the shredding of documents by school officials (7). The decision was one of the most sweeping Title IX rulings issued in the past decade.

Similar irregularities would be encouraged by the Biden plan, which removes a student’s right to a number of fundamental due process protections such as impartial investigations and cross-examination (8).

A more detailed analysis of the free speech, women’s sports, and due process concerns raised by the Biden Title IX proposal is available online (9). Even though the federal Title IX law was enacted to curb sex discrimination in schools, many believe the recent Title IX proposal will actually worsen these problems (10).

A rally will be held in Washington, DC on August 11 to highlight these concerns, and to call on the Department of Education to abandon its plans to move forward with the Title IX proposal (11).

Citations:

Campus Free Speech Sexual Assault Sexual Harassment Title IX

Biden Sees Two-Point Approval Drop Following Release of Controversial Title IX Plan

Post author By Edward Bartlett
Post date July 11, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Biden Sees Two-Point Approval Drop Following Release of Controversial Title IX Plan

WASHINGTON / July 11, 2022 – On June 23, President Biden’s Department of Education released its proposed Title IX regulation (1). Two weeks later, Biden’s approval rating had fallen by two full points. The many controversies surrounding the Title IX proposal likely contributed to the approval decline.

According to the Reuters/Ipsos poll of American adults, Biden’s approval rating from June 21- 22 stood at 38%. Two weeks later, July 5-6, his approval had fallen to 36%, a two-point decline. Likewise, the Economist/YouGov poll of registered voters recorded a 43% job approval from June 18-21. Two weeks later, July 2-5, his approval had declined to 41%, a two-point fall (2).

Title IX is the federal law that prohibits sex discrimination in schools. Biden’s recently introduced Title IX regulation features three highly controversial changes:

Expands the definition to “sex” to include “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”
Encroaches on free speech by broadening the definition of sexual harassment to include “unwelcome sex-based conduct” that can be evaluated “subjectively and objectively.”
Eliminates a series of due process protections for accused students, marking a return of the notorious “Kangaroo Courts” to college campuses.

These changes are predicted to have harmful ripple effects in six areas: Due process, free speech, pronoun mandates, women’s sports, parental rights, and student privacy in bathrooms and locker rooms (3).

As a result, the Biden education policy has been beset by numerous challenges (4):

Over 100 organizations have gone on record opposing the proposal.
48 editorials have criticized the plan.
The Attorneys General from 20 states have filed a lawsuit against the proposed rule (5).

Both Republican and Democratic lawmakers are expressing opposition to the proposal. In a recent TV interview, former Democratic member of Congress Tulsi Gabbard complained that Biden’s Title IX plan is “rejecting the objective reality that there are biological differences between a man and a woman” and is “essentially pointing to the erasure of women.” (6)

Biden’s recent decline in approval ratings can be attributed to a number of factors, including his controversial Title IX plan. According to the Washington Post, education is one of the top five concerns of Americans as they approach the November elections (7).

Citations:

Campus Department of Education Free Speech Investigations Office for Civil Rights Sexual Assault Sexual Harassment Title IX

Unlawful: SAVE Calls on Lawmakers to Reject Biden Title IX Proposal

Post author By Edward Bartlett
Post date June 27, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Unlawful: SAVE Calls on Lawmakers to Reject Biden Title IX Proposal

WASHINGTON / June 27, 2022 – A robust body of American case law undergirds due process and free speech at colleges and universities. Unfortunately, the Title IX policy recently proposed by the Biden Department of Education (1) ignores and effectively overturns much of this case law, ignoring key protections enumerated in the First and Fourteenth Amendments.

The body of Title IX case law includes 145 decisions by trial courts, 29 holdings by appellate courts, and one Supreme Court decision (2). The case law has continued to expand in recent months, with appellate findings against the University of Denver, Cornell University, and Harvard University for violations of fair procedure (3).

Following are examples how the Biden proposal sidesteps these judicial decisions:

The Biden plan would allow the same official to serve as both the investigator and decision-maker, what is known as the “single-investigator” approach. Conflating these two roles constitutes a conflict of interest and leads to biased investigations. Indeed, 47 judicial decisions specifically highlighted the problem of investigative bias.
Under the proposed rule, respondents would be allowed access only to a “description of the relevant evidence,” which could be provided either “orally or in writing.” But 27 judicial decisions called out schools for restricting student’s access to relevant evidence.
The Biden approach would dispense with cross-examination and hearings. Instead, adjudicators would be permitted to ask their questions “during individual meetings with the parties.” But 38 judicial decisions highlighted schools’ lack of adequate cross-examination procedures, and 24 decisions specifically called out the failure of schools to assure adequate credibility assessment of the parties.

The over-reach of the Department of Education policy is most apparent in its proposed definition of sexual harassment. In Davis v. Monroe, the Supreme Court defined sexual harassment as “harassment is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.” (4)

In contrast, the Department of Education is proposing to dramatically expand the definition of sexual harassment to be “conduct that is sufficiently severe or pervasive, that, based on the totality of the circumstances and evaluated subjectively and objectively, denies or limits a person’s ability to participate” in their education. This broad definition means that any comment or gesture that is “subjectively” offensive could trigger a Title IX complaint, and is certain to curtail campus free speech.

The proposed Biden plan also violates many provisions found in state-level campus due process laws, which are enumerated on the SAVE website (5).

A recent Wall Street Journal editorial decries, “By proposing to jettison fair proceedings, the Education Department is setting colleges and universities on a collision course with the courts.” (6)

The Department of Education’s Title IX proposal is flawed in its over-arching disregard for due process and fairness, and is antithetical to democratic ideals of free speech. SAVE calls on lawmakers to reject the Biden Title IX proposal.

A listing of media outlets, lawmakers, organizations, and commentators who have already expressed opposition to the Title IX proposal is available online (7).

Citations:

Campus Free Speech Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

Title IX Reform Emerging as High-Profile Issue for November Elections

Post author By Edward Bartlett
Post date June 13, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Title IX Reform Emerging as High-Profile Issue for November Elections

WASHINGTON / June 13, 2022 – Title IX is the federal law that bans sex discrimination in schools. As a result of a series of controversial policy changes, Title IX has now become one of the most hotly debated topics in America, and is poised to influence the outcome of numerous elections on Tuesday, November 8.

In 2021, Loudon County, VA approved a policy on Rights of Transgender and Gender-Expansive Students that states, “All students are entitled to have access to restrooms and locker rooms that are sanitary, safe, and adequate…Students shall be allowed to use the facility that corresponds to their consistently asserted gender identity.” (1)

Shortly afterwards, a male student entered the school girl’s bathroom and committed a sexual assault. The incident soon became a flashpoint in the Virginia governor’s race (2), leading to the upset victory on November 3 of Republican Glenn Youngkin over Democrat Terry McAuliffe.

Since then, Title IX controversies have spread to schools across the country. The following Title IX-related events occurred within the past several days:

June 2: In a milestone Title IX decision against Cornell University, appellate Judge Jose Cabranes compared campus disciplinary committees to the infamous English Star Chambers and warned, “[T]hese threats to due process and academic freedom are matters of life and death for our great universities.” (3)
June 8: A Washington Post editorial deplored the Title IX complaints against three eighth-grade boys in Wisconsin for referring to a classmate using the biologically correct pronoun “her,” instead of the classmate’s preferred “them.” (4)
June 8: Female long-distance runner Madison DeBos published a widely circulated editorial in which she shared the “disheartening and even heartbreaking” feeling of competing against biological males (5).
June 12: Democrat Tulsi Gabbard made a statement strongly critical of the new gender pronoun policy at the State University of New York, deriding the policy as an example of “forced conformity” (6).

A recent SAVE survey reveals that 63% of Americans oppose the Department of Education’s plan to expand its long-standing definition of sex to include “gender identity.” The national survey also shows that strong majorities of Americans reject other proposed changes to Title IX (7).

All candidates for political office are urged to outline their views on the need for Title IX reform. Concerned persons should urge the Department of Education to cancel its plans to issue a new Title IX regulation. Contact Secretary Miguel Cardona, telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links:

Campus Department of Education Free Speech Office for Civil Rights Press Release Sex Education Sexual Assault Sexual Harassment Title IX

63% of Americans Oppose Expanding Definition of Sex to Include ‘Gender Identity’

Post author By Edward Bartlett
Post date June 6, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

63% of Americans Oppose Expanding Definition of Sex to Include ‘Gender Identity’

WASHINGTON / June 6, 2022 – A new survey reveals that nearly two-thirds of Americans oppose the Department of Education’s plan to expand its long-standing definition of sex to include “gender identity” (1). The national survey, conducted for SAVE by YouGov, also shows that strong majorities of Americans reject other proposed changes to Title IX, the federal law that bans sex discrimination in schools.

Following are respondents’ responses to the six survey questions, among those who offered an opinion:

Definition of Sex:

Keep traditional biological definition: 63%
Expand the definition to include “sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity:” 37%

Transgender Participation in Women’s Sports:

Allow: 29%
Not allow: 71%

Parental Consent Prior to School Counseling about Gender Dysphoria:

Require parental consent prior to counseling: 61%
Not require parental consent: 39%

Parental Opt-out for Children’s Participation in Sex Education Classes:

Allow parental opt-out: 69%
Not allow parental opt-out: 31%

Presumption of Innocence or Guilt for College Disciplinary Hearings:

Presumption of innocence: 87%
Presumption of guilt: 13%

Definition of Sexual Harassment:

Retain current definition to protect free speech: Conduct that is “so severe, pervasive, and objectively offensive, and that so undermines and detracts from the victims’ educational experience that the victim-students are effectively denied equal access to an institution’s resources and opportunities:” 57%
Expand the current definition to discourage persons from saying things that may be unwelcome or upsetting: 43%

Overall, males and females gave similar responses, with the exception of Question 6. While 66% of males preferred to retain the current definition of sexual harassment, 53% of females indicated a preference to expand the definition of sexual harassment to discourage statements that may be unwelcome or upsetting.

For all six questions, 17-24% of all persons responded, “No opinion/Don’t know.” The “No opinion/Don’t know” responses were excluded from the results presented above. The full survey results and cross-tabulations can be viewed online (2).

All data are from YouGov Plc. Total sample size was 2,566 adults. Fieldwork was undertaken between May 31 to June 2, 2022. The survey was conducted online. The data have been weighted and are representative of all U.S. adults (ages 18+). Response options were randomly switched to minimize primacy-recency effects.

Nearly 90 groups have expressed opposition to the draft Title IX regulation (3), which is expected to be issued later in June. SAVE urges concerned persons to speak out to assure the upcoming Title IX regulation conforms to the opinions of a majority of Americans.

Contact Department of Education Secretary Miguel Cardona, telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links:

Campus Free Speech Office for Civil Rights Sexual Harassment Title IX

Free Speech May Be Imperiled by Upcoming Title IX Policy; Lawmakers Urged to Speak Out

Post author By Edward Bartlett
Post date May 31, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Free Speech May Be Imperiled by Upcoming Title IX Policy; Lawmakers Urged to Speak Out

WASHINGTON / May 31, 2022 – First Amendment free speech protections currently hang in the balance, affected by a variety of social cross-currents and political agendas. SAVE urges Republican and Democratic lawmakers to speak out forcefully to restore free speech in colleges and universities across the nation.

National leaders such as Bill Maher and Elon Musk have called for an end to restrictive speech codes (1). Netflix recently instructed its employees to be tolerant of viewpoint diversity, or seek employment elsewhere (2). And 84% of college students say free speech rights are extremely or very important, according to a Knight/Ipsos poll (3).

Several recent developments proffer hope to proponents of campus free speech:

Earlier this month, Georgia enacted a law to strengthen campus free speech, including a provision designed to thwart the establishment of so-called “free speech zones.” (4)
Last week a federal judge granted a preliminary injunction against the University of Houston, saying the school’s definition of harassment was unduly broad and served to constrict free speech (5).
Positive developments in Ohio, Oklahoma, and Florida have been reported (6).

But two worrisome trends foretell growing restrictions on free speech:

School Title IX policies often include a requirement that transgenders be referred to by their preferred pronouns. In a recent Wisconsin case, a boy was charged with Title IX sexual harassment for not referring to a female classmate as “they” or “them” (7). Forced speech is a violation of free speech.
At the University of Washington, new Diversity, Equity, and Inclusion (DEI) standards for faculty tenure decisions are causing faculty members to be “afraid to speak out, say what they really think.” (8)

Recently a coalition of 88 groups announced its opposition to the plan of the U.S. Department of Education to release a new Title IX regulation (9). One of the concerns of coalition members focused on how the new Title IX policy would be used to stultify free speech.

SAVE urges lawmakers to speak out to assure the upcoming Title IX regulation protects and enhances constitutional free speech guarantees. Contact Department of Education Secretary Miguel Cardona, telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links:

Campus Due Process Free Speech Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

82 Leading Professors, Attorneys, and Others Call on Dept. of Education to Suspend Plan to Issue New Title IX Regulation

Post author By Edward Bartlett
Post date May 2, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

82 Leading Professors, Attorneys, and Others Call on Dept. of Education to Suspend Plan to Issue New Title IX Regulation

WASHINGTON / May 2, 2022 – Today, 82 leading professors, attorneys, and others are issuing a call for the Department of Education to “immediately suspend all plans to issue a new Title IX regulation due to the Department’s inability to provide a sound explanation why the 2020 regulation requires revision.” (1) The thought leaders include professors of law and other disciplines, leading civil rights attorneys, physicians, women’s rights advocates, non-profit executives, a former university president, and other persons from across the country (2).

The 82 thought leaders are echoing the calls of two other groups that are urging the federal Department of Education to drop plans to issue a new Title IX regulation.

On April 4, 26 leading organizations sent a letter to the Department of Education noting that concludes, “We strongly urge the Department to set aside its Title IX rulemaking and to allow institutions to continue their efforts to comply with the 2020 Rule.” (3)
On April 5, the Attorneys General from 15 states issued a letter expressing concerns regarding the proposed regulation’s “detrimental effect,” and calling on the Department to “cancel its plans to engage in rulemaking on Title IX.” (4)

The three groups’ concerns revolve around the likelihood that the new regulation will give rise to a wave of civil rights lawsuits in the areas of free speech, due process, and women’s sports:

Free Speech: A federal appeals court recently ruled that the University of Central Florida’s broadly worded free speech policy violates the First Amendment. In a 38-page decision, Judge Kevin Newsom wrote the UCF policy “objectively chills speech because its operation would cause a reasonable student to fear expressing potentially unpopular beliefs.” (5)

Due Process: It is widely believed that the upcoming regulation will reduce due process protections for accused students and faculty members (6). SAVE’s Analysis of Judicial Decisions Affirming the 2020 Title IX Regulation summarizes 175 lawsuits to date in which judges have ruled in favor of the accused (7).

Women’s Sports: The new regulation would redefine “sex” to include sexual orientation and gender identity (8). This would allow transgenders, who are generally taller and stronger, to compete in sports events against persons who were biological females at birth. This would vitiate the purpose of Title IX, which is to assure fairness for all students regardless of sex. To date, 12 states have enacted laws that ban the participation of transgenders against persons who were biological females at birth (9).

Persons are urged to contact Secretary Miguel Cardona and request that he immediately suspend plans to issue a new Title IX regulation. Telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links:

Campus Department of Education Due Process Free Speech Press Release

Twitter Controversy Highlights Precarious State of Campus Free Speech. Concerned Persons Urged to Act by Friday.

Post author By Edward Bartlett
Post date April 26, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Twitter Controversy Highlights Precarious State of Campus Free Speech. Concerned Persons Urged to Act by Friday.

WASHINGTON / April 26, 2022 – Monday’s news that Elon Musk reached an agreement to purchase Twitter for $44 billion has triggered heated debate about the role of free speech in American society, including on college campuses.

While many hailed the Twitter purchase as helping to restore democratic ideals, Robert Reich, former U.S. secretary of labor and professor at the University of California at Berkeley, darkly warned that Musk was seeking to “control one of the most important ways the public now receives news.” (1)

The dismal state of campus free speech is revealed by a recent survey of 481 colleges. The survey found that only 12% of colleges received a “green light” rating, meaning the schools had no written policies that seriously imperil free speech (2).

Three recent developments reveal growing momentum in the national effort to restore free speech on college campuses:

Ohio: Last week, it was announced that Shawnee State University had agreed to pay philosophy professor Nick Meriwether $400,000 after disciplining him for not using a transgender student’s preferred pronouns (3).
Oklahoma: Governor Kevin Stitt signed HB 3543 into law, which will establish the Oklahoma Free Speech Committee to review First Amendment complaints at public universities in the state (4).
Florida: Last Thursday, a federal appeals court ruled that the University of Central Florida’s broadly worded free speech policy violates the First Amendment. In a 38-page decision, Judge Kevin Newsom wrote the UCF policy “objectively chills speech because its operation would cause a reasonable student to fear expressing potentially unpopular beliefs.” (5)

Unfortunately, a new threat to campus free speech now looms. In May, the federal Department of Education is expected to release a draft Title IX regulation that many fear will reduce due process protections for students and faculty members accused of violating campus speech codes (6).

In response, the Attorneys General from 15 states sent a strongly worded letter on April 5 to the Department of Education. The letter concludes, “We strongly urge the Department to cancel its plans to engage in rulemaking on Title IX.” (7)

SAVE invites interested persons to contact the Department of Education and urge that the new regulation:

Preserve the presumption of innocence
Not expand existing definitions of sexual harassment
Mandate live hearings with cross-examination of the parties

Contact Secretary Miguel Cardona, telephone (202) 401-3000; email ocr@ed.gov; fax (202) 260-7867.

The new Title IX regulation is expected to be issued in May. Persons are urged to contact Secretary Cardona by this coming Friday, April 29.

Links:

Campus Due Process Free Speech Law & Justice Victims

Abolish the Constitution? College Administrators Need to Shore Up Due Process and Free Speech, Or Face Dire Consequences

Post author By Edward Bartlett
Post date December 14, 2021

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Abolish the Constitution? College Administrators Need to Shore Up Due Process and Free Speech, Or Face Dire Consequences

WASHINGTON / December 14, 2021 – Students at Yale University (1) and the University of Florida (2) have signed petitions calling for the “abolition” of the United States Constitution. Students explained their support for the petition by saying, “There are a lot of outdated things in there that nowadays aren’t accepted” and the Constitution “wasn’t written for the 21st century.”

The petitions highlight an erosion of support for bedrock constitutional protections such as due process. As a result, administrators are seeing an increase in campus vigilantism, which ignores the presumption of innocence for the accused. Following are three recent cases:

A former student at SUNY-Purchase filed a lawsuit against the college, charging the school failed to protect him from student harassment over an alleged sexual assault incident (3).
Last month a group of Syracuse University protesters swarmed the front of a college fraternity, chanting the name of an alleged offender and demanding, “Kick him out, kick him out. ‘Alleged’ my ass, ‘alleged’ my ass.” (4)
At the University of Maryland, Baltimore County, the student newspaper ran an article describing three male students as “admitted rapists,” despite the fact that the three had won their Title IX case and the local prosecutor declined to press charges. As a result, the institution agreed to pay $450,000 in response to a defamation lawsuit (5).

Free speech is also under attack.

A recent survey of students at 159 leading colleges conducted by College Pulse, FIRE, and RealClear Education reveals that only 16% of institutions received a “Green” rating, meaning that institutional policies “do not seriously threaten speech.” (6) One student at Arizona State University confided, “As an English major, just about every class I’ve taken has touched on the ‘dangers’ of white people and whiteness….As a student, I don’t feel comfortable calling this what it is: a racist ideology.”

Faculty members are seeing a curtailment of their free speech rights as well, giving rise to groups such as the Alumni Free Speech Alliance (7) and Princetonians for Free Speech (8).

Due process and free speech are bulwarks of a democratic and free society. College administrators who acquiesce to campus activists are likely to face dire consequences including continued declines in student enrollments (9), shrinking budget allocations (10), decreased alumni contributions (11), and costly lawsuits (12).

Citations: