College Students Suing Over Free Speech Get a Powerful Ally: The Trump Administration
Sadie Gurman and Michelle Hackman
Wall Street Journal
June 13, 2018

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The Justice Department is entering the polarizing issue of free speech after a number of planned university appearances by conservative figures were derailed by protests and threats of violence, sparking a national debate on the issue.

Last year, student demonstrations at the University of California, Berkeley prompted the school to cancel an event with conservative speakers Ann Coulter and David Horowitz. And universities across the country are wrestling with protecting safety while allowing legitimate protests—a balance that can require costly security measures.

“There’s now this idea on college campuses that if you hear speech that is offensive to you, you can’t deal with it in any way other than by shutting it down,” said acting associate attorney general Jesse Panuccio. ”That’s not a very good lesson to be teaching. And it’s not the lesson of our First Amendment.”

The Justice Department in recent months began filing so-called statements of interest in lawsuits over campus disciplinary codes and “free speech zones” that limit where students can protest. The statements of interest carry no force of law, but are an important show of support from a powerful ally.

The latest, filed Monday, focuses on antibullying and -harassment policies at the University of Michigan, which the department says are so broad and vague they cause students to limit their speech.

A newly formed watchdog group, Speech First, sued the school in May on behalf of three anonymous students who say they’re afraid to espouse “unpopular” conservative views on topics like immigration, gun rights and race relations. Speech First is backed by anonymous donors and is working with the same law firm that sued Harvard University over its affirmative-action policy, which the Justice Department is also investigating.

The lawsuit targets a University of Michigan policy that encourages students to report “bothersome speech” and advises: “The most important indication of bias is your own feelings.” That “imposes a system of arbitrary censorship of, and punishment for, constitutionally protected speech,” the Justice Department said.
The web site of Speech First is here.