Tuesday, August 19, 2008

Nerd News: Free Speech on Campus -- Court Strikes Down Temple University Speech Code as Unconstitutional

The latest news via King Blogger Nerd Lord, Instapundit. Blurb:
This month in an important victory for free speech on campus, the U.S. Court of Appeals for the Third Circuit held that Temple University’s former sexual harassment policy was unconstitutional. While free speech advocates from across the ideological spectrum cheered the Third Circuit’s ruling in DeJohn v. Temple University, some critics expressed dismay at what they deemed a “very ominous” example of “activist judging.” These critics are wrong — and it’s important for both students and university administrators to understand why.

. . . The DeJohn opinion should come as no surprise to public universities. District courts have been striking down overbroad harassment policies for nearly 20 years. Rather than reaching unexpectedly 'ominous' or 'activist' legal conclusions, DeJohn simply provided a reaffirmation of clearly established law.
Freedom of speech does not include the right to never be offended by somebody else's words. Now, away with campus speech codes, please.

No comments: