Government pressure got frat kicked off campus?

Despite Yale’s official position, the Competitive Enterprise Institute’s Counsel for Special Projects Hans Bader, speculates that Yale’s decision to ban DKE was a direct response to the OCR investigation because the schools do not want to lose any federal funding, which OCR can decide to cut off.

“Colleges probably care more about what OCR says than what the law says, because they don’t want to lose their federal funds, it’s OCR that will effectively decide if federal funds get cut off, and if the federal government cuts off their funds, it will take a long time and lots of legal bills to get the federal funds reinstated even if courts later rule that the federal government was wrong to cut off the funds.

According to Bader the prospect of the federal government asserting its influence over a private institution to stifle speech could raise some problematic legal issues.

“Yale is not a state college, and is not part of the government, so the First Amendment does not directly (emphasis his) apply to it. But the First Amendment does prohibit the Education Department from pressuring it to punish students for speech that the government itself could not punish,” Wrote in an email to The Daily Caller. “Yale is a private college, and it could have disciplined these obnoxious frat boys voluntarily (assuming no contractual obligation in its handbooks – like a provision promising extremely broad free speech rights — precluded it from doing so). But its doing so under compulsion raises thorny legal issues.”

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  • BigRmv

    I wonder if Joe Biden sent the same anti-sexual violence message to his college Al (Gee it’s warm in here) Gore?

  • mojo

    No Dykes at Yale? Whatwhatwhat?

  • jacko

    Not to call into question the attempt by the D.C. to suggest that the Obama Nanny State is forcing us all to be politically correct, abridging our free speech, and strong-arming our universities but this article leaves a few small details that put Yale’s decision in context:
    (Newser) – A major Yale fraternity was forced to apologize yesterday, after its members marched past the college’s Old Campus—where most first-year women are housed—chanting “No means yes, yes means anal,” and “F—ing sluts,” among other comments. Several were blindfolded. The incident, part of Delta Kappa Epsilon’s pledge ritual, was caught on tape and posted to YouTube immediately Wednesday night, according to Salon.

    • aelfheld

      So only those being rude and crude for an ‘acceptable’ purpose are to be accorded free speech?

      Without condoning what they did (were I in charge, they’d be forcefully invited to depart) there is something totalitarian in the acceptance of a ‘right’ not to be offended. Especially when that ‘right’ is used to suppress the free speech of those who are not ‘politically correct’.

  • aelfheld

    “[…] lowering the standard of proof for sexual assault on campus […]”

    Expect to hear of more ‘morning-after’ rapes.

    • BigRmv

      Haven’t you been paying attention? Men are bad. Republicans are bad. Neither are welcome in the halls of higher learning or government. But wait until some terrorist idiot with an agenda shows up and everyone starts looking for the NRA member with the white Stetson and “that look” in his eyes, don’t they?