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Saturday, May 18, 2013

The Feds Mandate Abolition of Free Speech on Campus

Want to openly discuss gender discrepancies in the workplace? Want to listen to uncensored rap music? How about put on a comedy show? Not on our campuses! And what if you or a friend or family member has to pursue a defense to an unmeritorious charge of sexual harassment? Forget it!

On May 9th, the Department of Justice and the Department of Education jointly issued a letter to the University of Montana, which the government called “a blueprint for colleges and universities throughout the country,” and which mandates changes to campus sexual harassment policies that will effectively make each of the above actions punishable offenses and will turn hearings into even worse kangaroo courts than exist today. This is a very serious development that everyone who thinks our universities play an important function in society will want to know about.

In my latest column for Minding the Campus, co-authored with my research assistant Juliana DeVries, we argue that the federal government’s unconstitutional mandate will obliterate free speech and fair process on campuses and make every student guilty of “harassment” several times a day. You can read the column on the Minding the Campus website.  

An excerpt after the jump...

Political Wisdom in a Hypocritical Age

I’ve been asked many times of late where I stand in the current presidential race. This has raised for me larger questions, the answers to some of which have perhaps become evident in my writings of recent years. So when The Phoenix (successor, as of today’s inaugural issue now on newsstands, in street boxes, and at www.thephoenix.com,to the decades-old Boston Phoenix) asked me to write a “Freedom Watch” essay on the politics of the day, I made an attempt to compress many thoughts on numerous complicated issues into a brief essay. I hope that I’ve succeeded in enlightening rather than confusing my readers.

You can find some of the article after the jump.

Hooliganism in Moscow, Bullying in Delaware: A Rose by Any Other Name

The American press rightfully has been having a field day berating the Putin government for its use of the infamous “hooliganism” statute in the “Pussy Riot” controversy. But back here in the States, the University of Delaware has begun using an equally vague handle – denominated a “disruptive conduct” code – to abolish what is increasingly becoming the American analogy to Russia’s “hooliganism,” namely “bullying” or “harassment.” In my most recent column for Forbes.com, co-authored with my research assistant and FIRE Program Associate Juliana DeVries, we point out that, while just about everyone has come out to condemn the Russian court system, very little attention has been paid to this outrageous free speech violation right here at home. The column after the jump...

To the CEO of Gibson Guitar: It's Not Just a War Against Capitalism

On July 19, there appeared in the Wall Street Journal an interesting Op-Ed by Henry Juszkiewicz, the CEO of Gibson Guitar, claiming that a raid on his company’s facilities by federal agents is representative of a greater “war against capitalism.” Yet as my co-author Zachary Bloom and I argue in our latest piece for my Forbes.com blog, “Injustice Department,” Juszkiewicz’s Op-Ed suffers for being too narrow and self-focused. In reality, the raid on Gibson’s facilities is less representative of a war on capitalism than of a war on all of civil society, being waged by an out-of-control U.S. Department of Justice wielding vague laws passed by a Congress that clearly does not understand the consequences of its legislative actions, and regulations enacted by administrative agencies drunk with their own powers.

The article after the jump...


BC and the Belfast Project: A Scholar's Privilege to Disobey

The ongoing imbroglio over Boston College’s Belfast Oral History Project has been disappointing at almost every turn. The case involves a subpoena by the Northern Irish police force of confidential materials collected by Ed Moloney and Anthony McIntyre, two scholars who worked with BC to create an oral history of the Irish “Troubles” as told by former IRA and Loyalist members closest to the fighting. In my latest piece for my Forbes.com blog, “Injustice Department,” I discuss the grave implications for First Amendment rights resulting from the blithe willingness of Boston’s federal courts to jeopardize scholarly research in the name of dubious law enforcement claims. Furthermore, the article raises the important question of what could have been done differently to allow the scholars, like reporters whose confidential notes are being subpoenaed, to resist the disclosure of their sources through civil disobedience.

You can find the article after the jump.

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