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Shibley in ā€˜Daily Callerā€™ on Ezra Kleinā€™s Support for ā€˜Terribleā€™ Affirmative Consent Law

Yesterday, Vox co-founder Ezra Klein wrote in detail about Californiaā€™s new law requiring that college and university students in the state receive ongoing, affirmative consent for sex. In his piece, Klein calls the bill ā€œterribleā€ but argues that ā€œ[i]ts overreach is precisely its value.ā€ FIREstrongly disagrees, and our Senior Vice President Robert Shibley explained why Kleinā€™s article is so troubling in an today.

Robert reviews ¹ū¶³“«Ć½app¹Ł·½ā€™s objections to the law, such as its vague requirement for ā€œongoingā€ affirmations of consent and the fact that it effectively shifts the burden of proof to a student accused of sexual assault. He then writes:

To Klein and other supporters, these arenā€™t bugs, theyā€™re features. Citing saying that one in five women will be victims of actual or attempted sexual assault in college, Klein says that ā€œmen need to feel a cold spike of fear when they begin a sexual encounter,ā€ and that ā€œcases in which campus boards convict young men (and, occasionally, young women) of sexual assault for genuinely ambiguous situationsā€ are ā€œnecessary for the lawā€™s success.ā€ Why? To change a perceived culture of entitlement to sex among campus men into a culture where those ā€œunfairā€ cases ā€œbecome lore in frats and cautionary tales that fathers e-mail to their sons.ā€ Itā€™s hard to see how this would dissuade serial predators intent on nonconsensual sex ā€” at least suggests that they are the bulk of the problem ā€” but it could certainly have an impact on those who donā€™t place enough value on enthusiastic consent.

But as Robert notes, there may be an upside to Klein sharing his thoughts with the public:

Klein has done a valuable service by providing the most honest assessment yet of why the law is manifestly unjust in every traditional sense of the word ā€” and why its supporters donā€™t care.

Check out Robertā€™s article in full at , and read Kleinā€™s in Vox.

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