Very bad, argues former Department of Education lawyer Hans Bader in this Liberty Unyielding post.
The revision is an attack on freedom of speech that opens the door for campus administrators to bring complaints against anyone who says things that upset the militants.
Bader observes that the language is based on a concept of “harassment” that one appeals court has already declared unconstitutional.
Bader writes, “The Biden administration’s proposed definition of sexual harassment disregards the Supreme Court’s Davis decision. It adopts a definition of harassment that is even broader in some respects than the broad harassment definition used in workplaces, which the Supreme Court rejected as impractical for schools, because of the fact that ‘schools are unlike’ the workplace, and because students ‘regularly interact in a manner that would be unacceptable’ among adult workers.”
It sounds as though these rules wouldn’t survive a legal challenge, but that’s true of most of what Biden has been up to.