Home
/
RELIGION & LIBERTY ONLINE
/
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
Obama Administration Orders Colleges to Implement Unconstitutional Speech Codes
May 28, 2026 12:02 AM

Not content to trample only the religious freedom side of the First Amendment, the federal government has decided to ignore the free speech side too.

As the Foundation for Individual Rights in Education (FIRE) reports, the U.S. Departments of Justice and Education have joined together to mandate that virtually every college and university in the United States establish unconstitutional speech codes that violate the First Amendment and decades of legal precedent.

Ina letter sent yesterday to the University of Montanathat explicitly states that it is intended as “a blueprint for colleges and universities throughout the country,” the Departments of Justice and Education have mandateda breathtakingly broad definition of sexual harassment that makes virtually every student in the United States a harasserwhile ignoring the First Amendment. The mandate applies to every college receiving federal funding—virtually every American institution of higher education nationwide, public or private.

The letter states that “sexual harassment should be more broadly defined as ‘any e conduct of a sexual nature'” including “verbal conduct” (that is, speech). It then explicitly states that allegedly harassing expression need not even be offensive to an “objectively reasonable person of the same gender in the same situation”—if the listener takes offense to sexually related speech forany reason, no matter how irrationally or unreasonably, the speaker may be punished.

Eugene Volokh, a law professor at UCLA School of Law, says that this is telling universities to institute speech codes:

And not just any old speech codes: Under these speech codes, universities would be required to prohibit students from, for instance,

1. saying e” “sexual or dirty jokes”

2. spreading e” “sexual rumors” (without any limitation to false rumors”

3. engaging in e” “circulating or showing e-mails of Web sites of a sexual nature”

4. engaging in e” “display or distribution of sexually explicit drawings, pictures or written materials”

5. making e” sexual invitations.

This is not limited to material that a reasonable person would find offensive. Nor is limited to material that, put together, creates a “hostile, abusive, or offensive educational environment.” (I think even speech codes that would have these requirements are unconstitutional, but the speech codes that the government is urging would in any event not have these requirements.) Every instance of such material of a “sexual nature,” under the government’s approach, would be “sexual harassment” and would need to be banned.

For the past few decades, campus speech codes have been used not to protect students but to force them to conform to politically correct standards. This latest move by the Obama administration will not only make the situation worse but will make it impossible to determine what sorts of speech can and cannot be said on campus.

As Greg Lukianoff, president of FIRE say, “The federal government has put colleges and universities in an impossible position with this mandate. With this unwise and unconstitutional decision, the DOJ and DOE have doomed American campuses to years of confusion and expensive lawsuits, while students’ fundamental rights twist in the wind.”

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Verse of the Day
  Commentary on Today's Verse   Commentary on Proverbs 16:27-28   (Read Proverbs 16:27-28)   Ungodly men bestow more pains to do mischief than would be needful to do good. The whisperer separates friends: what a hateful, but how common a character!   Proverbs 16:28 In-Context   26 The appetite of laborers works for them; their hunger drives them on.   27 A scoundrel plots evil, and...
Verse of the Day
  Commentary on Today's Verse   Commentary on Hebrews 11:1-3   (Read Hebrews 11:1-3)   Faith always has been the mark of God's servants, from the beginning of the world. Where the principle is planted by the regenerating Spirit of God, it will cause the truth to be received, concerning justification by the sufferings and merits of Christ. And the same things that are...
Verse of the Day
  Commentary on Today's Verse   Commentary on Proverbs 16:18   (Read Proverbs 16:18)   When men defy God's judgments, and think themselves far from them, it is a sign they are at the door. Let us not fear the pride of others, but fear pride in ourselves.   Proverbs 16:18 In-Context   16 How much better to get wisdom than gold, to get insight rather...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 62:1-7   (Read Psalm 62:1-7)   We are in the way both of duty and comfort, when our souls wait upon God; when we cheerfully give up ourselves, and all our affairs, to his will and wisdom; when we leave ourselves to all the ways of his providence, and patiently expect the event, with full...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 John 4:7-13   (Read 1 John 4:7-13)   The Spirit of God is the Spirit of love. He that does not love the image of God in his people, has no saving knowledge of God. For it is God's nature to be kind, and to give happiness. The law of God is love; and all...
Verse of the Day
  Commentary on Today's Verse   Commentary on Psalm 124:1-5   (Read Psalm 124:1-5)   God suffers the enemies of his people sometimes to prevail very far against them, that his power may be seen the more in their deliverance. Happy the people whose God is Jehovah, a God all-sufficient. Besides applying this to any particular deliverance wrought in our days and the ancient...
Verse of the Day
  Commentary on Today's Verse   Commentary on Ephesians 5:1-2   (Read Ephesians 5:1-2)   Because God, for Christ's sake, has forgiven you, therefore be ye followers of God, imitators of God. Resemble him especially in his love and pardoning goodness, as becomes those beloved by their heavenly Father. In Christ's sacrifice his love triumphs, and we are to consider it fully.   Ephesians 5:11-14...
Verse of the Day
  Philippians 3:10 In-Context   8 What is more, I consider everything a loss because of the surpassing worth of knowing Christ Jesus my Lord, for whose sake I have lost all things. I consider them garbage, that I may gain Christ   9 and be found in him, not having a righteousness of my own that comes from the law, but that...
Verse of the Day
  Commentary on Today's Verse   Commentary on Acts 1:6-11   (Read Acts 1:6-11)   They were earnest in asking about that which their Master never had directed or encouraged them to seek. Our Lord knew that his ascension and the teaching of the Holy Spirit would soon end these expectations, and therefore only gave them a rebuke; but it is a caution to...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 John 4:1-6   (Read 1 John 4:1-6)   Christians who are well acquainted with the Scriptures, may, in humble dependence on Divine teaching, discern those who set forth doctrines according to the apostles, and those who contradict them. The sum of revealed religion is in the doctrine concerning Christ, his person and office. The false...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved