Friday, December 23, 2016

The Freedom of Speech at the University of Oregon | Josh Blackman's Blog

This is a very, very dangerous standard. An off-campus event that a small number of students attended now gives rise to on-campus discipline because students (who did not even witness the event) feel compelled to “avoid the resulting negative environment.” If this is the standard, then anything and everything can create a “hostile educational environment.” Consider several examples I raise in my my forthcoming piece in the Georgetown Journal of Legal Ethics on Model Rule 8.4(g). What if a Professor made any of these remarks at a bar association function that was also attended by students?


This is an important post by Professor Blackman, but hard to excerpt. The University of Oregon is punishing a law professor for attempting to make a humorous political statement about race at her home, a statement that was politically correct, by the way, but that it didn't come off. She wore blackface, you see, at her Halloween party.

Blackman captures some of the ways in the the UO administration is wrong, as a matter of law. You would think somebody up in Eugene would stand up for decency as well, but I'm guessing there not much of that to spare, either.

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I would love to see the professor challenge this in Federal court. Even Kafka couldn't imagine this situation.

Posted by: Paul Mapes | Dec 23, 2016 12:47:18 PM