The monster of federal overreach continues to gain strength. The Department of Justice has now ordered the University of New Mexico to adopt rules that further restrict free speech on campus. Thanks to the fedsโ ever-expanding idea of what Title IX requires, the university has been told by the Great Nanny in Washington that โsexual harassmentโ includes any and all unwanted speech having some sexual content and that it must not only investigate all such incidents, but also encourage students to report anything that could be offensive.
Hans Bader of Competitive Enterprise Institute (who used to work for the Education Departmentโs Office for Civil Rights and has especially good insight into these matters) writes about this development in a Liberty Unyielding post: โThus, if a student is offended by a professorโs comment in a lecture about how AIDS is transmitted through anal sex, or by another studentโs sexual joke, it would be deemed โsexual harassment.โ So would politely asking a student out on a date if that offends her. This definition of โsexual harassmentโ as including any โunwelcomeโ sexual speech is vastly broader than the definitions struck down as unconstitutionally overbroad by federal appeals court rulingsโฆ.โ
Ah, but just because federal courts have already held that such intrusions as this go too far has no deterrent effect on zealous federal bureaucrats. It wonโt hurt them a bit if UNM fights this and wins. As long as we have departments like Justice and Education staffed with Social Justice Warrior types who love throwing their weight around, this will continue.






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