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Thread: Justice Department backs conservative students who claim universities stifle speech

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    Lightbulb Justice Department backs conservative students who claim universities stifle speech

    Justice Department backs conservative students who claim universities stifle speech. Finally, a government that supports free speech: The U.S. Justice Department is backing students in several cases who argue their universities are restricting their First Amendment right to express their views. In the most recent case, the Justice Department filed a statement of interest in a lawsuit that contends the University of Michigan’s rules against bullying and harassment discourage unpopular viewpoints, report the New York Times, the Wall Street Journal, the Detroit Free Press and the Detroit News. A press release is here https://www.justice.gov/opa/pr/justi...ee-speech-case.

    http://www.abajournal.com/news/artic...gn=daily_email

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    Now if they can just sway the courts.
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    We've discussed that this is a major issue -- the quashing of free speech on college campuses. That's a very slippery slope.

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    Can you enforce the 1st amendment on private college property?
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    I don't know (I recall issues when they took federal money), but I recall that there's cases that hold public sidewalks are public venues for free speech.

    I found this: https://www.thefire.org/spotlight/pu...-universities/
    Last edited by DGUtley; 06-15-2018 at 02:47 PM.
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    And this: http://harvardcrcl.org/first-amendme...vate-campuses/

    This discusses that very question. The Scope of First Amendment Rights on Private Campus.
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    Quote Originally Posted by DGUtley View Post
    I don't know, but I recall that there's cases that hold public sidewalks are public venues for free speech.

    I found this: https://www.thefire.org/spotlight/pu...-universities/
    From your link. The old bait-n-swittch

    "Many institutions promise freedom of expression in university promotional materials and student conduct policies, but then deliver selective censorship once the first tuition check is cashed. They may not be bound by the First Amendment, but private institutions are still legally obligated to provide what they promise. Private institutions may not engage in fraud or breach of contract."
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    Quote Originally Posted by jimmyz View Post
    Can you enforce the 1st amendment on private college property?
    I heard a discussion of that recently that argued since universities take funding for research etc that you could force them to abide by the Constitution.

    And, hey, if anything is a public accommodation, a university is.
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    Quote Originally Posted by Chris View Post
    I heard a discussion of that recently that argued since universities take funding for research etc that you could force them to abide by the Constitution.

    And, hey, if anything is a public accommodation, a university is.
    Great point!
    " I'm old-fashioned. I like two sexes! And another thing, all of a sudden I don't like being married to what is known as a 'new woman'. I want a wife, not a competitor. Competitor! Competitor!" - Spencer Tracy in 'Adam's Rib' (1949)

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    So is bullying considered 'free speech'?

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