Hans Bader
Minding the Campus
Excerpt: If a university is ordered by the government to investigate each instance of speech that is bigoted to determine if it cumulatively contributed to a “hostile environment” for some minority group, it will have a powerful incentive to adopt a “zero tolerance” policy for offensive speech, to avoid the time and expense of constant investigations, and avoid potential liability for a “hostile environment.” That’s true even if the speech is political or religious, such as advocating the elimination of Israel or Palestinian self-rule or questioning Jewish, Arab, or Middle Eastern practices.
Yet, that burdensome duty to censor is more or less what the Biden administration told universities to do in recent Title VI and Title IX investigations, such as in a press release about an investigation of Drexel University for anti-Semitism, and an accompanying letter resolving the Title VI investigation.
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