BREAKING: Yesterday, a federal judge struck down the Biden administration’s unconstitutional Title IX rules. This is a huge victory for free speech and due process on campus.
In 2024, the Department of Education finalized new rules that FIRE criticized for eviscerating student due process rights and mandating a new, speech-restrictive definition of student-on-student harassment.
The invalidated rules violated student’s basic due process rights in many ways. They: 👉eliminated the right to a live hearing to contest allegations 👉eliminated the right to cross-examine one’s accuser and witnesses 👉weakened the right to be represented by lawyers in campus sexual misconduct expulsion proceedings 👉allowed for the return of the “single-investigator” model, in which a single administrator serves as prosecutor, judge, and jury
In the opinion, the court echoed FIRE’s longstanding argument: The Education Department’s definition of sexual harassment doesn’t follow Supreme Court precedent. The judge also found that the 2024 regulations violated the First Amendment.
As the court said: “Put simply, the First Amendment does not permit the government to chill speech or compel affirmance of a belief with which the speaker disagrees in this manner.”
FIRE
BREAKING: Yesterday, a federal judge struck down the Biden administration’s unconstitutional Title IX rules. This is a huge victory for free speech and due process on campus.
In 2024, the Department of Education finalized new rules that FIRE criticized for eviscerating student due process rights and mandating a new, speech-restrictive definition of student-on-student harassment.
The invalidated rules violated student’s basic due process rights in many ways. They:
👉eliminated the right to a live hearing to contest allegations
👉eliminated the right to cross-examine one’s accuser and witnesses
👉weakened the right to be represented by lawyers in campus sexual misconduct expulsion proceedings
👉allowed for the return of the “single-investigator” model, in which a single administrator serves as prosecutor, judge, and jury
In the opinion, the court echoed FIRE’s longstanding argument: The Education Department’s definition of sexual harassment doesn’t follow Supreme Court precedent. The judge also found that the 2024 regulations violated the First Amendment.
As the court said: “Put simply, the First Amendment does not permit the government to chill speech or compel affirmance of a belief with which the speaker disagrees in this manner.”
#freespeech #dueprocess #law
9 months ago | [YT] | 122