Author: Hans Bader

Hans Bader is a senior attorney at the Competitive Enterprise Institute.

Virginia Attorney General’s Office: Selective Admissions Are Racist

The Virginia attorney general’s office has ruled that the Loudoun County school system committed illegal racial discrimination by admitting fairly few black and Hispanic students to its selective schools, the Academies of Loudoun. For reasons that have nothing to do with racism, the Academies of Loudoun are much more heavily Asian than the Loudoun County […]

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Some Conservative Speech May Become Illegal After the Election

Do you like being able to criticize progressive policies about race or gender, such as affirmative action? That freedom may soon disappear in workplaces, schools, and rental housing, if legislation backed by Democrats becomes law. A bill called the BE HEARD in the Workplace Act would redefine speech that previously was considered perfectly legal as […]

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Loudoun County, Va., Racially Discriminates and Cracks Down on Conservative Teachers

The Loudoun County Public Schools are planning to impose illegal racial preferences in student discipline, and have already made changes to school admission policies that are being challenged in court. They also plan to restrict teachers’ out-of-school speech, by punishing them for speech that disagrees with school policies, and by punishing teachers who fail to […]

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Dep’t of Ed Investigates University for Removing Critic of Affirmative Action

The federal Education Department is investigating the University of Pittsburgh for free-speech violations and false statements, after the University took action against Professor Norman Wang for publishing an academic paper critical of race-based affirmative action. The University removed Wang as Program Director at its medical center solely due to his paper. The Education Department is […]

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Coalition demands illegal racial discrimination at Cornell

A faculty coalition at Cornell University is calling for race-based hiring and promotions. What it is demanding violates two laws against racial discrimination, Title VII of the Civil Rights Act and 42 U.S.C. 1981. That’s because Cornell has no justifiable rationale for using race in employment decisions at all, much less to the extent that […]

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Will Virginia teach critical race theory to kindergartners?

This week, the Virginia Board of Education will meet to discuss a report that may promote destructive racial ideologies — the August 2020 “Report from the Governor’s African American History Education Commission.” James Sherlock laments “the fiercely negative approach to the teaching of African American history offered by the Governor’s Commission.” He says says its […]

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150 Law School Deans Ask ABA to Mandate Anti-Racism Training

As lawyers like Barack Obama have noted, law school is already a year too long, with lots of nonessential classes. As a result, law students often graduate with over $150,000 in student-loan debt. Yet law students may soon be required to take more unnecessary classes. 150 law school deans have asked the American Bar Association […]

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Teacher Unconstitutionally Fired for Facebook Post Rejecting Concept of ‘White Privilege’

An Illinois high school teacher was fired on July 16 for a Facebook post rejecting the idea of “white privilege.” That violated the First Amendment, even if some people viewed her Facebook post as racially inflammatory. Speech doesn’t become punishable just because it offends members of minority groups. For example, in Thompson v. Board of Education of Chicago (1989), […]

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University Removes Director for Mild Criticism of Affirmative Action, Violating Free Speech

The University of Pittsburgh has removed a program director at its medical center because he published a scholarly, peer-reviewed white paper discussing the pitfalls of affirmative action for black and Hispanic students. This violated the First Amendment, which protects even harsh criticism of affirmative action. The white paper was gentle in its criticism of racial preferences, merely […]

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Biden ‘Racial Equity Plan’ Would Enrich Wealthy Lawyers at Employers’ Expense

Joe Biden released his “racial equity plan” on Tuesday. Some of it deals with racial issues, like a major expansion of affirmative action and lots of race-related government spending. But it also contains radical changes to America’s employment laws that have little to do with race. Under his plan, even the tiniest employers with only […]

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George Mason University May Discriminate Based on Race in Unconstitutional Ways

As part of a new “anti-racism” push, George Mason University plans to discriminate based on race in favor of faculty of color. On July 23, Dr. Gregory Washington, the president of GMU, announced that “We will develop specific mechanisms in the promotion and tenure process that recognize the invisible and uncredited emotional labor that people of color […]

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Reality-Based Research on Racism Now Under Assault in Academia

Academic freedom is under assault. Faculty are being told that their research and courses must promote a particular ideology: that racial disparities are due to racism, rather than other causes, such as the voluntary choices made by individuals. The Supreme Court has said that racial disparities are not presumptively due to racism, because reality shows […]

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The Real Reason for Racial Achievement Gaps

Progressive policies cause the racial achievement gaps that progressives spend so much time lamenting. That’s the conclusion of Minnesota lawyer and think-tank president John Hinderaker, based on recent educational research. He cites a report from Brightbeam, “The Secret Shame: How America’s Most Progressive Cities Betray Their Commitment to Educational Opportunity For All.” The report is authored by Chris […]

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Double Standards on Free Speech

If you are a progressive professor, your university will let you keep teaching, even if you say things that reflect extreme hostility to members of a particular race and gender. You can say we should “kill and castrate all white men, and feed their corpses to pigs,” call for the death of Republican senators and engage in full-blown […]

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How to Cope With Your Prof’s Left-wing Bias

To get the best possible grade, students may need to pander to their professors’ left-wing ideology. Professors are much more likely to be progressives than they are to be moderate or conservative. Law professors are no exception. Progressive professors view progressive views as a sign of intelligence, and conservatism as a sign of stupidity. For example, Prof. Robert Brandon, head of Duke […]

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At Some Colleges, It’s OK to Be White Again

Inside Higher Ed reports that “It’s OK to Be White” posters have appeared on more campuses: The posters, which also appeared a year ago at this time, are put up without permission [from college officials]. Posters have been seen this year at Christopher Newport University, East Tennessee State University, Oklahoma City University’s law school, Susquehanna University, and Western Connecticut State University. […]

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College Students Aren’t Even Learning New Words

People’s vocabularies are shrinking at a time when more and more people have college degrees. As Zach Goldberg notes, people’s mastery of hard words has been falling for well over 20 years, and their mastery of easier words has been falling for over 15 years. Meanwhile, a higher proportion of Americans have college degrees than […]

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How Diversity Training Widens the Gulf Among the Races

Two students wore blackface at the University of Tennessee in a Snapchat image with a racist caption. The University is responding by putting tens of thousands of students, faculty, and staff through sensitivity training. It may even require the 186,000 minors participating in the state’s 4-H program to attend sensitivity training. It will also require students […]

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Campus Censorship Is Leaching Into Business and the Arts

In a pointless act of censorship, CNN removed the episodes of the TV show “Parts Unknown” that featured actress Asia Argento. It did so because it learned that she had settled an unrelated lawsuit against her by actor Jimmy Bennett, who claimed she had sex with him when he was 17. This news had no […]

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Signing-of-the-Constitution

Liberal Journos Fume at Decision to Protect Academic Freedom

Progressive journalists have a message for you: Free expression is for them, not for you — and not for conservative bloggers and academics. Left-leaning journalists like Margaret Carlson are angry that the Wisconsin Supreme Court ruled in favor of a conservative professor whose academic freedom rights were violated by Marquette University. It effectively fired him for a blog post that […]

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DeVos Attacked for Civil Liberties Donations

Betsy DeVos, who was nominated to be the Education Secretary, has been attacked because she and her husband made donations to a civil-liberties group, the Foundation for Individual Rights in Education. FIRE is “a nonpartisan organization that defends free speech, religious liberty, and due process on college campuses.” The DeVos family donations drew criticism from […]

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Illegal immigrants at Yale

Pro-Trump Message Investigated as Hate Crime on This Campus

Politically-correct college administrators in Madison, Wisconsin asked the police to investigate speech mocking campus Clinton supporters. The police reportedly did so, even though that could lead to a violation of the First Amendment. This occurred at Edgewood College. Reason Magazine reports that an investigation at Edgewood has begun over a “Suck it up, pussies” Post-it note […]

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What the Feds Have Done to Colleges and Schools

The Obama administration has repeatedly violated civil liberties on campus. The Education Department’s Office for Civil Rights (OCR) has been the chief culprit, but the Department of Justice has played a role too. They have attacked free speech, demanding that school officials censor politically-incorrect speech. They have also pressured colleges to stack the deck against […]

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The Feds Now Run a Bureaucracy That Regulates Sex

Writing in the California Law Review, Harvard Law School professors Jeannie Suk and Jacob Gersen note, “Today we have an elaborate and growing federal bureaucratic structure that in effect regulates sex.” This is largely the result of pressure from the Education Department’s Office for Civil Rights, where I used to work. It has told colleges […]

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Obama Backs the Worst Colleges While Destroying For-Profit Schools

The federal government happily subsidizes inferior state colleges that graduate few if any of their students. That includes Chicago State University, which has a 12.8 percent six-year graduation rate. The Obama administration has rewritten federal student loan rules in a way that encourages colleges to raise tuition and effectively subsidizes the worst colleges the most. The Federal Reserve Bank of […]

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Senators Reward OCR Abuses with Budget Hike Proposal

Twenty-two Senators have asked the Appropriations Committee to increase the budget of the Education Department’s Office for Civil Rights (OCR) by almost 30%. All of those Senators are Democrats except for Sen. Dean Heller of Nevada. OCR has pressured colleges and high schools to adopt unconstitutional speech codes. It also has pressured school districts to […]

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The Systematic Eradication of Conservative Thought on Campus

Progressive faculty justify the absence of moderate and conservative voices on campus by saying that conservatives are stupid. As a result, moderate Republicans with Ivy League degrees and genius level IQs sometimes can’t find a job in academia.  My former boss had a degree from the highest-ranked law school (Yale) and had published scholarly articles, but […]

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Yik Yak—Latest Target of the Anti-Free-Speech Left

Last Wednesday, 72 left-wing groups, including the Feminist Majority Foundation, American Association of University Women, and Leadership Conference on Civil and Human Rights, asked federal civil-rights officials to crack down on anonymous politically-incorrect speech on campus, which they claim violates federal civil-rights laws such as Title IX. They claim they are concerned about “harassment” on anonymous […]

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The NY Times Reveals the Stupidity of ‘Yes Means Yes’

On October 15, The New York Times published a balanced news story that inadvertently revealed the stupidity of “Yes Means Yes” policies. Those policies redefine a great deal of consensual sex and touching as “sexual assault,” and effectively require college students to engage in “state-mandated dirty talk” during sexual encounters (as one supporter of “Yes Means Yes” policies gloated). That potentially violates the Constitution, and such policies have […]

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Education Dept. Rules on Campus Rape Called Illegal

The College Fix published an interesting article, “Department of Education shredded for lawless overreach in Senate hearing.” It was about Congress getting annoyed with the Education Department for illegally imposing mandates on colleges and schools out of thin air, without even going through rulemaking or the notice and comment required by the Administrative Procedure Act […]

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