DOE & DOJ Promulgate Unconstitutional Speech Codes

DOE & DOJ Promulgate Unconstitutional Speech Codes

This is a discussion on DOE & DOJ Promulgate Unconstitutional Speech Codes within the Off Topic & Humor Discussion forums, part of the The Back Porch category; The Departments of Justice and education appear to have teamed up to promulgate speech codes that are clearly unconstitutional. These codes are expected to show ...

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Thread: DOE & DOJ Promulgate Unconstitutional Speech Codes

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    Lightbulb DOE & DOJ Promulgate Unconstitutional Speech Codes

    The Departments of Justice and education appear to have teamed up to promulgate speech codes that are clearly unconstitutional. These codes are expected to show up at any university that takes federal funding. Apparently, even asking a girl out for a date, should she not want to go, could get you in trouble. Additionally, you can now be punished before you are even found guilty of an infraction.

    From FIRE

    The letter states that "sexual harassment should be more broadly defined as 'any unwelcome conduct of a sexual nature'" including "verbal conduct" (that is, speech). It then explicitly states that allegedly harassing expression need not even be offensive to an "objectively reasonable person of the same gender in the same situation"—if the listener takes offense to sexually related speech for any reason, no matter how irrationally or unreasonably, the speaker may be punished.
    FEDERAL GOVERNMENT MANDATES UNCONSTITUTIONAL SPEECH CODES AT COLLEGES AND UNIVERSITIES NATIONWIDE - The Foundation for Individual Rights in Education - FIRE

    From the WSJ

    An unsuccessful request for a date, or even assigning a potentially offensive book like "Lolita," could now be construed as harassment.
    The letter further states that campuses have "an obligation to respond to student-on-student harassment" even when that harassment occurs off-campus. In some circumstances, the letter says, universities may take "disciplinary action against the harasser" even "prior to the completion of the Title IX and Title IV investigation/resolution." In plain English: Students can be punished before they are found guilty of harassment.
    Greg Lukianoff: Feds to Students: You Can't Say That - WSJ.com
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    Quote Originally Posted by OldVet View Post
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    Which part - paranoia or to be young?

    Last line of my signature.
    DontTreadOnI and atctimmy like this.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

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    And the liberal university administrations are going to roll over and enforce this PC crapola. Otherwise the Feds will cut off funding for their over-priced diplomas.
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    Quote Originally Posted by lionround View Post
    And the liberal university administrations are going to roll over and enforce this PC crapola. Otherwise the Feds will cut off funding for their over-priced diplomas.
    Roll over? They live for this stuff.
    ksholder, atctimmy and msgt/ret like this.
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    This, along with all the other junk going on with government, ticked me off enough to pen a brief note to my Representative and Senators. Feel free to use any or all of it as you see fit. Note that the title and name appear once in the body of the note in addition to at the top. Both are bolded for ease of finding them here.

    Dear Representative Wenstrup:

    With Benghazi, IRS-gate and Media-gate all in the news and on the Hill lately, and being the left hand of the magician we are supposed to watch, I have been wondering what the right hand has been up to. I now believe that I can see part of that answer.

    As reported by Greg Lukianoff in the Wall Street Journal on 16 May 2013, the DOJ has teamed up with the DOE to promulgate new, and unconstitutional, guidelines as to what constitutes free speech on college campuses – or more precisely part of what is not free speech. Greg Lukianoff: Feds to Students: You Can't Say That - WSJ.com

    These guidelines are chilling in their effect. Further, they are expected to show up at any university that takes federal funding. Apparently, even asking a girl out for a date, should she not want to go, could get you in trouble. Additionally, you can now be punished before you are even found guilty of an infraction.

    These guidelines are further evidence of an administration and government that has run off the rails. The last time I checked, the First Amendment had not been amended. It still provides that Congress shall make no law … abridging the freedom of speech. While I understand that certain limits are necessary to prohibit criminal activity, the guidelines promulgated by DOJ/DOE traverse into the realm of thought control and grant the right to not be offended, which is not in the Constitution (as amended) and claim it is superior to the right to free speech, which is.

    Further, the new rules state ‘that campuses have "an obligation to respond to student-on-student harassment" even when that harassment occurs off-campus. In some circumstances, the letter says, universities may take "disciplinary action against the harasser" even "prior to the completion of the Title IX and Title IV investigation/resolution." In plain English: Students can be punished before they are found guilty of harassment.’ – quote from linked WSJ article.

    Representative Wenstrup, enough is enough. The American people are fed up with the intrusion that the Federal government has become into their every day lives. Read Article 1, Section 8 of the Constitution. Those are the functions that We The People have empowered you, the government, to perform. The SCOTUS has been out of bounds since the Marshall court and Marbury v Madison, yet the Congress has lacked the gumption to put it in its place.

    The ultimate sovereigns in this country are the people. We have empowered a limited Federal government to serve our needs in explicitly stated areas. Further, read the Bill of Rights (BOR). The BOR was drafted to make it clear, crystal clear, the limits on the Federal government. Over the years we have seen encroachments by the Federal government into areas over which it has no Constitutional empowerment to act. We have been like the frog in the kettle. Well, fortunately, this frog has wised up prior to boiling.

    In my job, I talk with a very many people and the vast majority are fed up with the direction our Federal government is going. Not all of these people agree with my politics, but most still agree the Federal government is out of control. My personal discussions were validated by a Fox News poll that shows 68% of Americans feel the Federal government is infringing on our God-given and Constitutionally-protected rights. Like me, most of these people still believe that we can fix this issue at the ballot box, but I do hear a growing number who are not so sure – this is troubling.

    I call on you, as my duly elected representative, to immediately take action to quell this DOJ/DOE directive and restore the Constitutionally-guaranteed right of free speech to all Americans – even those on college campuses. This seems like a stupid idea, but given the assaults by our government, at both the federal and state levels, on the First, Second, Fourth, Fifth, Sixth and Tenth amendments, I call on you to sponsor legislation to restore the BOR. Such legislation would nullify all federal, state and local legislation that violates the BOR or Constitution. It would also delineate for the courts and SCOTUS what each of the BOR amendments means using a proper hermeneutic to lay out in modern language what the founding fathers meant by each amendment. It should also affirm the SCOTUS rulings that the BOR applies to federal, state and local governments. I also call on you to draft and sponsor legislation that makes it a Federal crime punishable by not less than 20 years in prison for any employee, agent, agency, elected official or other operative of the Federal government to make receipt of Federal funds dependent on following any directive that violates the Constitution (as amended). This would include any function which the Federal government has arrogated to itself that is not supported by the Constitution.

    The above are emergency actions to stop the runaway actions of the Federal government, but they only put a band-aid on the problem. Finally, I call on you to draft and sponsor legislation that restores the operation of the Federal government to its Constitutional boundaries. All actions, programs and agencies not supported by the Constitution should be stopped. Should the states want such programs, it is their Constitutional purview to pursue them. If they do not want them, they do not have to pursue them. This will result in different programs in different states, but it will also return the governance of this country to the proper boundaries defined by We the People when we allowed our state legislatures to ratify the Constitution. If you or your cohorts want to amend the Constitution to allow for some or all of the actions the Federal government has undertaken without a Constitutional mandate, go for it. Don’t forget that any amendment has to get not only 2/3 of the Congress to support it, but 3/4 of the states have to ratify it.

    If you have read this far, by now you probably think I am a nut job. I can assure you that I am for the rule of law, but that rule of law is rooted in the Constitution. To the extent that the government has eschewed the constraints of the Constitution, it has acted improperly. It is time we restore the Constitution and ask the government to operate within the constraints placed upon it by the Constitution. I appreciate your help in this effort. It will not get done if we all just sit around complaining. Should you desire to discuss this with me, I can be reached at XXX.XXX.XXXX
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

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