things that keep me up at night (cont.)

The U.S. Department of Education, in concert with the U.S. Department of Justice, have produced an outline of principles they intend to apply to universities covering allegations of sexual harassment. Regrettably, their outline, if implemented, will effectively criminalize a substantial amount of speech, while at the same time precluding any plausible defense possibilities for those so accused.

Explicit legal rulings protecting speech are presumed not to be applicable in the sorts of situations the DOE and DOJ seek to cover in their principles. This prospect of government power and enforcement should alarm anyone with an interest in education, inquiry, and the free expression of ideas.

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