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University of New Mexico Apologizes for the Wrong Thing

The other day, my colleague Samantha Harris wrote about October鈥檚 Speech Code of the Month, an overbroad sexual harassment policy at the University of New Mexico (UNM) that the university itself is violating by hosting . As Samantha wrote, the policy prohibits 鈥渄isplaying sexually suggestive or derogatory objects, pictures, cartoons, or posters,鈥 for example鈥攊tems sure to be found at any Sex Week event.

FIRE was hoping that by pointing out that UNM was violating its own code, the university would see the ludicrousness of its speech restrictions鈥攁fter all, it couldn鈥檛 even follow them itself!鈥攁nd change its speech codes in order to comply with its legal and moral obligation, as a public institution, to allow speech protected under the First Amendment. That鈥檚 what logic would dictate. Instead, UNM apparently aims to bolster its commitment to censorship and speech codes after about events planned for this week.

UNM on Wednesday apologizing for 鈥渢he inclusion of topics that are sensational and controversial.鈥 Vice President for Student Affairs Eliseo Torres promises in the statement, 鈥淲e will do a better job in the future of vetting and selecting programs offered through campus groups.鈥 (Sex Week was hosted by the Women鈥檚 Resource Center and the Graduate and Professional FIREAssociation.)

Well, if Torres鈥檚 goal is excluding all 鈥渃ontroversial鈥 topics from Sex Week (or, worse, from all of campus), we are here to inform him that that鈥檚 impossible. Sex and sex-related topics will always be controversial. And while some of the matter emphasizes workshops on bondage and masochism, it鈥檚 absurdly naive to think that no one will object if Sex Week covers only 鈥渧anilla鈥 sex-related topics. Perhaps Torres should have simply acknowledged that UNM doesn鈥檛 want to make anyone uncomfortable and declared that the university would give up on Sex Week altogether.

Torres explained in the statement, 鈥淲hile the university administration believes that it is important to offer opportunities for sex education to college students, it should be done in a careful and respectful manner.鈥 Universities may, of course, make all efforts to be respectful and may even encourage students to be respectful as well. But UNM is actually legally required to respect the First Amendment (or at least obey it), and it鈥檚 not doing that. Its speech codes remain unconstitutional, and they need to be revised. Even if UNM wishes to ensure that its own institutional speech is as anodyne as possible, it may not restrict constitutionally protected speech by students, as its sexual harassment policy does. FIREis always happy to work with universities to bring their speech codes into compliance with the First Amendment.

A last note to Torres: If the administration really wishes to provide sex education or sponsor sex-related events, it needs to accept the fact that some people will complain about it. This isn鈥檛 confined to the topic of sex; if the administration wishes to provide any sort of meaningful education, it needs to accept the fact that some people will complain about it. As we鈥檝e long said at 果冻传媒app官方, if you get all the way through your college career without being offended, you should ask for your money back.

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