Megan Zielinski of the University of Washington, St. Louis has written an article for the free speech advocacy group FIRE, arguing that her school’s zealous sexual harassment policies threaten legitimate free speech rights.
The first section of the Washington University in St. Louis Judicial Code states that “freedom of thought and expression is essential to the University’s academic mission.” It continues to state that “nothing in this Code should be construed to limit the free and open exchange of ideas and viewpoints, even if that exchange proves to be offensive, distasteful, disturbing, or denigrating to some.” These bold statements describe the ideal college environment: open to discussions of any kind through which people can confront new ideas and learn more about their own viewpoints. I am proud to go to a university that has this grand mission, and I often find myself involved in just that type of deep conversation.
Yet those of us who live in university housing face a severe threat to this freedom: the Office of Residential Life’s definition of harassment. ResLife defines harassment as “any behavior or conduct that is injurious, or potentially injurious, to a person’s physical, emotional, or psychological well-being, as determined at the sole discretion of the University.” This policy is inconsistent with the declaration of free speech in the Judicial Code. Though Wash U is a private institution and thus is not legally bound by the First Amendment, the statements in the Code represent a clear commitment to free expression that the university is obligated to fulfill. When universities promise certain rights to students in their official policies and materials, they must deliver those rights.
The ResLife definition poses two major problems. Not only does the policy give administrators immense power by allowing them “sole discretion” to decide whether there has been a violation, but it is also substantially overbroad (sic) and vague…
Read the full article here.
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