George Will
Washington Post
Excerpt: Although the Supreme Court is frequently accused of improper “activism,” it is often guilty of passive dereliction of duty. It was last week, when it refused to correct the U.S. Court of Appeals for the 4th Circuit’s lackadaisical tolerance of the culture of enforced conformity on campuses.
Last week, the supposedly activist Supreme Court passively refused to hear Speech First’s appeal against the 4th Circuit’s passivity. Justice Clarence Thomas, joined by Justice Samuel A. Alito Jr., vigorously dissented, saying that Virginia Tech’s regulating of speech “appears limitless in scope”: “From the moment a student enters the university until graduation, he is under the university’s surveillance.” On campus and off.
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