Greg Lukianoff is right to criticize the Education Department for
illegally trying to abolish the requirement that comments must be
offensive to a "reasonable person" to constitute sexual harassment ("Feds to Students: You Can't Say That," op-ed, May 17). As a former Education Department lawyer, I find that simply appalling.
The "reasonable person" standard is a cornerstone of sexual-harassment law, set forth in the Supreme Court's 1993 decision in Harris v. Forklift Systems, and amplified in its 1999 Davis v. Monroe County Board of Education
decision, which states that conduct must be "severe, pervasive, and
objectively offensive" to constitute illegal sexual harassment in the
educational setting.
The Education Department's demand that
the University of Montana define harassment as "any unwelcome conduct
of a sexual nature," including speech about sexual issues that offends a
single hypersensitive member of an audience, defines sexual harassment
even more broadly than the harassment codes struck down by the courts on
First Amendment grounds in DeJohn v. Temple University (2008) and Saxe v. State College Area School District (2001).
Hans Bader
Competitive Enterprise Institute
Washington
The juxtaposition of your editorial "Those AP Subpoenas" and Greg Lukianoff's op-ed on campus speech is a stark reminder of how
narrow-minded, ideologically driven bureaucrats flaunt First Amendment
constitutional rights, forcing the regulated to engage in lengthy,
expensive resistance, which in turn increases the costs of doing
business and picks the pockets of the American public.
As a retired co-founder of the
Coalition for Healthcare Communications (which this week announced its
support for the latest Washington Legal Foundation challenge to the
Center for Medicare & Medicaid Services' proposed restrictions on
the dissemination of medical textbooks and other clinical and scientific
information by industry), I have lived with FDA and HHS bureaucratic
overreach throughout my long career.
Use of the power of government to
restrict speech about health, government operations and in our
institutions of education isn't some abstract notion. It is a
calculated, direct attack on the fabric of our Constitution. Set against
the backdrop of the latest "perfect storm" of federal scandals
involving communications failures, it should be a wake-up call for us
all.
Harry Sweeney
Philadelphia
How times change! Greg Lukianoff warns
that "even assigning a potentially offensive book like 'Lolita,' could
now be construed as harassment." As a visiting professor at Amherst
College in 1977, I assigned the Marquis de Sade's elephantine satire of
natural morality, "Juliette," as collateral reading in a seminar on
European intellectual history. When one of my students asked which of
the book's 1,200 pages they should read, I answered, "Read as much as
you can stand." None of the women or men in the seminar pressed charges.
R.P. Neuman
Davis, Calif.