Archive for April, 2011

Yale adopts submissive posture in Title-IX-vs.-speech case

A fraternity has already apologized for its role in loutish public expressions, but that isn’t nearly enough for some complainants who’ve initiated an investigation by the Education Department’s Office of Civil Rights that puts Yale at risk of losing its $500 million in federal funding if it isn’t sufficiently cooperative. Peter Berkowitz in the Wall Street Journal:

That Yale finds itself under pressure from the government, in the face of stupid frat-boy initiation rituals obviously designed to humiliate the pledges themselves, dramatizes how far government and higher education have drifted from the principles of freedom. … What is really at stake in the current investigation of Yale is the proper mission of the university. The complainants, not a few university administrators and faculty, and powerful forces at work in the Department of Education seem to think that one of a university’s top priorities is policing students’ opinions and utterances to ensure that they adopt government-approved ideas about sexual relations. That priority can’t be reconciled with the imperatives of a liberal education.

If a letter just sent to alumni by Yale President Richard Levin is any indication, the university may not intend to put up much of a public stand on behalf of its autonomy of governance, the toleration granted even some offensive utterances in a community of unbridled expression, or the importance of due process for students accused of wrongdoing. Indeed, Levin’s letter does not make even the tamest and most tentative attempt to argue that anything about the OCR complaint is legally erroneous or worth resisting. The full text of the letter follows: Read On…

Wal-Mart v. Dukes symposium at Point of Law

The distinguished panel includes Lester Brickman and Myriam Gilles (Cardozo), Richard Epstein (NYU), Jim Copland and Ted Frank (Manhattan Institute), R. Matthew Cairns (Gallagher, Callahan & Gartrell and the 2011 president of the Defense Research Institute), Russell Jackson (Skadden), and Andrew Trask (McGuire Woods). You can follow the discussion here.

Great moments in school-speech litigation

Ohio: “A family with an extensive history of legal action against a number of school districts and municipalities has filed a $1 million civil lawsuit against Middletown City Schools. Orlando Bethel — who refers to himself as a fire and brimstone preacher in court documents, and his wife, Glynis — filed the action Friday in Cincinnati federal court after one of their three children, Zoe, wore a T-shirt at the high school proclaiming ‘god hates (expletive)’ and ‘repent or burn in hell.'” [Dayton Daily News]

April 14 roundup