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2013 in Review: Threats from Washington, Victories in the States
PHILADELPHIA, December 30, 2013鈥擜s 2013 comes to a close, the Foundation for Individual Rights in Education (果冻传媒app官方) looks back on a year that was headlined by dire threats to free speech and student rights on campus. Yet through concerted effort, FIREwas able to win crucial legislative and regulatory victories against those threats while continuing to expand the sphere of the First Amendment and due process on campus.
The year鈥檚 top threats to student rights on campus came, unfortunately, from the federal government. Most prominently, in May, the Departments of Education and Justice used a settlement with the University of Montana to attempt to implement what they called a 鈥blueprint鈥 for sexual harassment regulations on campus. This blueprint would have served as a de facto national speech code at nearly every university in America, public and private.
鈥淭he federal 鈥榖lueprint鈥 effort was certainly the gravest threat to free speech on campus in 2013,鈥 said FIREPresident Greg Lukianoff.
After months of activism from FIREand other organizations, with an assist from Senator John McCainand attention from major media ranging from the Los Angeles Times editorial board to Pulitzer Prize-winning commentator , the new head of the Department of Education鈥檚 Office for Civil Rights (OCR) signaled that the government was finally backing away from the idea of the settlement as a national 鈥渂lueprint,鈥 although OCR has more to do by letting every college in the country know that they will not, in fact, be held to the blueprint鈥檚 unconstitutional standards.
Rolling back this regulatory effort was actually 果冻传媒app官方鈥檚 second major Washington victory of the year. Thanks in part to 果冻传媒app官方鈥檚 advocacy, an attempt to add a provision to the Violence Against Women Act that would have permanently written the low 鈥減reponderance of the evidence鈥 standard for sexual misconduct cases on campus into federal law was defeated in Congress. A 2011 OCR guidance letter requiring that evidentiary standard is still in place, but FIREis continuing its efforts to get it withdrawn. Use of this 鈥50.01% likelihood鈥 standard on campus means that students are being officially labeled as rapists by colleges using deficient procedures and marginal evidence鈥攑rocedures that have led to a by the accused against their own universities.
While Washington mostly saw battles to preserve important student protections, far more positive developments happened in several states. Virginia and Idaho passed laws guaranteeing the right of belief-based student organizations to make belief-based choices about how to govern themselves, while North Carolina passed a first-in-the-nation law guaranteeing university students the right to hire counsel when facing non-academic campus disciplinary action.
Other highlights of 2013 include:
- Oregon State University and Eastern Kentucky University eliminated all of their speech codes, earning 果冻传媒app官方鈥檚 highest, 鈥済reen light鈥 rating for free speech.
- A jury found former Valdosta State University (Ga.) President Ronald Zaccari personally liable for $50,000 for expelling student Hayden Barnes without a hearing for posting a critical collage on Facebook.
- In cooperation with the Bill of Rights Institute, 果冻传媒app官方 to teach high school students about their rights when they get to college.
- FIRE enabled student Robert Van Tuinen to file a federal lawsuit against Modesto Junior College (Calif.) after it denied him the right to pass out copies of the U.S. Constitution on campus on Constitution Day.
- After two letters from 果冻传媒app官方, Wisconsin Governor Scott Walker issued a line-item veto to strike an unconstitutional ban on faculty speech and research from the Wisconsin state budget.
FIRE will be starting 2014 with a bang by releasing its latest report on, and individualized ratings of, the speech codes at more than 400 of the largest and most prestigious colleges and universities in America at thefire.org/spotlight. FIREwill also unveil a brand-new, fully revamped website, new programs to reach out to even more of our nation鈥檚 students, and new efforts to defend the First Amendment on campus, so keep checking thefire.org for these developments and more.
FIRE is a nonprofit educational foundation that unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, freedom of expression, academic freedom, due process, and rights of conscience at our nation鈥檚 colleges and universities. 果冻传媒app官方鈥檚 efforts to preserve liberty on campuses across America can be viewed at thefire.org.
CONTACT:
Greg Lukianoff, President, 果冻传媒app官方: 215-717-2473; greg_lukianoff@thefire.org
- Litigation
- Speech Codes
- Politicians
- Faculty Rights
- Freedom of Conscience
- Free Speech
- Violence
- K-12
- Due Process
- Oregon State University
- Eastern Kentucky University
- Valdosta State University
- Modesto Junior College
- Departments of Education and Justice: National "Blueprint" for Unconstitutional Speech Codes
- University of North Carolina System: Law Guaranteeing Right to Counsel
- Valdosta State University: Student Expelled for Peacefully Protesting Parking Garages
- Modesto Junior College: FIREBarred from Distributing Constitutions on Constitution Day
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