first amendment

Biden Administration’s ‘Anti-Harassment’ Mandate to Colleges Tells Them to Violate the First Amendment

Editor’s Note: This article was originally published by Liberty Unyielding on July 6, 2024 and is crossposted here with permission. It has been edited to fit Minding the Campus’s style guidelines. The Education Department is pressuring colleges to restrict speech that denounces pro-Palestine protesters or denigrates Jews or Palestinians—such as speech calling pro-Palestine protesters “terrorists”—under the rationale that such speech […]

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Progressive cities won’t enforce trespass laws against left-wing anti-Israel protesters, violating First Amendment rule against viewpoint discrimination

Editor’s Note: This article was originally published by Liberty Unyielding on May 4, 2024 and is crossposted here with permission. You have a right to free speech, but that doesn’t give you a First Amendment right to camp out on my lawn with protest signs. That’s trespassing. But government officials sometimes allow trespassing when they sympathize with […]

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Say ‘Yes’ to the First Amendment

“For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword. Heresies in either can rarely be cured by persecution.” —Alexander Hamilton, Federalist 1 All university-level students should read, study, and discuss The Federalist Papers (1787–88). This most sacred document of the American founding explains the logic […]

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Progressive Overreach and the Procrustes Impulse

Many philosophers, social thinkers, legislators, and those delirious with power have proposed ways to fix the human condition. Societies themselves have often been organized, often by custom as well as laws, to shape the odd ways in which humans behave—odd ways that often emanate from a desire for individual freedom. Those fixes and organizational principles […]

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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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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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The Seven Deadly Sins of Higher Education

About 15 years ago I began writing extensively about the rising cost of higher education, even starting a research center (the Center for College Affordability and Productivity) focused on that topic. I am now convinced that rising costs are NOT the dominant problem facing our universities. There are at least seven deadly sins –not precisely […]

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Duke Goes After a Critic in the Lacrosse Case

Six years ago, Duke University suffered a high-profile humiliation from which it is still struggling to recover. Students on Duke’s lacrosse team were accused of a brutal sexual assault on a local stripper who had been hired to perform at a party. The charges were false. But in the interval between the initial headlines and […]

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Want to Hear Obama? Just Say You Support Him

Many people are miffed at the way the University of Wisconsin is handling President Obama’s visit to our campus today. Concerns are not with the visit per se–most of us think the event is something very compelling, a bit of history entering through our gates. The location of the speech in the heart of the […]

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