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U.S. Civil Rights Commissioner: College kids not ‘developed’ enough for free speech
Campus Reform ^ | August 5, 2014 | Kaitlyn Schallhorn

Posted on 08/05/2014 8:08:34 PM PDT by bamahead

The U.S. Civil Rights Commissioner claims campus speech codes need to be tightened as college students are still “developing” and cannot yet handle certain information.

Speaking during a U.S. Commission on Civil Rights (USCCR) briefing on sexual harassment law in education, Democrat Michael Yaki likened restricting free speech on college campuses to the U.S. Supreme Court’s 2005 decision to ban the death penalty for minors.

During the briefing, Yaki said hostile environments on college campuses can occur from fraternities holding “slave auction[s]” or celebrating Latino culture by “making everyone dress as janitors and mop floors.”

“Certain factors in how the juvenile or adolescent or young adult brain processes information is vastly different from the way that we adults do,” Yaki said according to a transcript from Eugene Volokh, a law professor and publisher of the blog, The Volokh Conspiracy, who also testified at the briefing. “So when we sit back and talk about what is right or wrong in terms of First Amendment jurisprudence from a reasonable person’s standpoint, we are really not looking into the same referential viewpoint of these people, of an adolescent or young adult, including those in universities.”

Yaki made these claims while questioning Greg Lukianoff, the president of the Foundation for Individual Rights in Education (FIRE), a nonprofit organization advocating for civil liberties in higher education nationwide.

A spokesperson from FIRE declined to comment to Campus Reform as the USCCR has requested the organization wait to make any media comment until after the official transcript from the briefing is released.

“In the meantime, I would point you to the Twenty-Sixth Amendment, which extended the franchise to 18-year-olds. FIRE has long argued that if college students can vote and can even be sent off to fight in wars, we must grant them full political rights—and that prominently includes their First Amendment rights,” Robert Shibley, senior vice president at FIRE, did tell Campus Reform.

During the briefing, Yaki said hostile environments on college campuses can occur from fraternities holding “slave auction[s]” or celebrating Latino culture by “making everyone dress as janitors and mop floors.” Yaki also decried campus pageants and other activities in which women “parade around in skimpy clothing and turn in some show or something.”

“[B]ecause of the unique nature of a university campus setting, I think that there are very good and compelling reasons why broader policies and prohibitions on conduct in activities and in some instances speech are acceptable on a college campus level that might not be acceptably say in an adult work environment or in an adult situation,” he said.

Yaki told Campus Reform in an email that he uses briefings as “opportunities to pose questions that help me understand the challenges of the issue” as it “helps clarify—or solidify—or highlight—the difficulty of grappling with a particular issue.”

Yaki also told Campus Reform that he has considered himself a “First Amendment absolutist” for much of his life.

“If there is a way to strike a balance between First and Fourteenth Amendment rights, it will have to [be] done with great restraint and narrowly tailored to pass constitutional muster,” he said. “Frankly, I haven't seen one, and imposing a prior restraint policy w [sic] punishment plainly violates the First Amendment.”

“[H]ow do we work to increase the safety and security, both mental and physical, of all our students in a way that doesn't require infringing on the First Amendment,” Yaki said. “That is the million dollar question that, to me, the briefing was intended, and which more thought and work needs to be done.”

Prior to working as the Civil Rights Commissioner, Yaki was a senior advisor to Rep. Nancy Pelosi (D-Calif.) and also served on San Francisco’s Board of Supervisors where he was subsequently sued by the city for around 70 instances of illegal lobbying.


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: 1stamendment; freespeech; speechcodes
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To: bamahead

If they are not developed enough for free speech, then they are not developed enough to vote. Maybe we should move the voting age back up to twenty- one.


21 posted on 08/05/2014 8:36:42 PM PDT by reg45 (Barack 0bama: Implementing class warfare by having no class.)
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To: bamahead

As Justice Black was always fond of saying: “ ‘No law” means no law.”

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”


22 posted on 08/05/2014 8:41:42 PM PDT by kaehurowing
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To: reg45
Maybe we should move the voting age back up to twenty- one.

How about altering it to Head of Household?

23 posted on 08/05/2014 8:42:13 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: cripplecreek
If you're suggesting what I think you are, I saw a documentary of an ex-KGB agent talking about useful idiots. He said that when the idiots finally find out they've been played, they get extremely angry and potentially violent.

That is why when the jig is up they are all the first ones to be shot.

24 posted on 08/05/2014 8:46:51 PM PDT by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
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To: bamahead

Hmmmm.....

Well, that fine. Just repeal the 26th amendment and voila’! Everyone’s a child til you say otherwise...


25 posted on 08/05/2014 8:47:21 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: reg45
If they are not developed enough for free speech, then they are not developed enough to vote. Maybe we should move the voting age back up to twenty- one.

That was my thought.

Maybe you should only be able to vote for a candidate for an office you're eligible to run for yourself: 25 congressman, 30 senator, 35 president.

26 posted on 08/05/2014 8:47:28 PM PDT by seowulf (Cogito cogito, ergo cogito sum. Cogito.---Ambrose Bierce)
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To: reg45

Good post.


27 posted on 08/05/2014 8:48:29 PM PDT by rockinqsranch ((Dems, Libs, Socialists, call 'em what you will. They ALL have fairies livin' in their trees.))
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To: bamahead

Then why the hell can they vote?


28 posted on 08/05/2014 8:49:22 PM PDT by MortMan (All those in favor of gun control raise both hands!)
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To: bamahead

Since Voting is the ultimate example of Free Speech, I guess the Rat is recommending that 18-20 Year Olds shouldn’t be able to Vote.

I’m all for it, unless those same 18-20 Year Olds are serving in the Military.

Just think, without that Voting Block, Obama would still be Community Organizing back in Chicago.


29 posted on 08/05/2014 8:55:19 PM PDT by Kickass Conservative (Things can always be worse and the Democrat Party is here to prove it.)
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To: OneWingedShark
and how much do you want to bet that the age is always “when you’re older”?

Not always. In a microsecond it can transition to "you're too old!"

30 posted on 08/05/2014 9:10:18 PM PDT by null and void (If Bill Clinton was the first black president, why isn't Barack Obama the first woman president?)
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To: Bratch

I can’t look at that photo from Ohio State without remembering my mother saying, what trash - the dead girl wasn’t wearing underwear.


31 posted on 08/05/2014 9:18:54 PM PDT by Ciexyz
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To: bamahead

They think 10 year olds are mature enough for sex but not to think for themselves


32 posted on 08/05/2014 9:22:14 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: bamahead

Yaki’s a wacky Nanzi lackey.
And a cheater, apparently.
He’s a real Obamanite.


33 posted on 08/05/2014 9:52:19 PM PDT by tumblindice (America's founding fathers: all armed conservatives.)
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To: bamahead

>The U.S. Civil Rights Commissioner claims campus speech codes need to be tightened as college students are still “developing” and cannot yet handle certain information.

So 18 to 25 year old young adults can’t handle their 1st Amendment right yet they can vote? Astounding.

CC


34 posted on 08/05/2014 10:16:17 PM PDT by Captain Compassion
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To: gaijin

Hey, I’m a baby-boomer and did not of the above...


35 posted on 08/05/2014 10:29:04 PM PDT by DB
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To: bamahead

“Certain factors in how the juvenile or adolescent or young adult brain processes information is vastly different from the way that we adults do,” Yaki said according to a transcript from Eugene Volokh, a law professor and publisher of the blog, The Volokh Conspiracy, who also testified at the briefing. “So when we sit back and talk about what is right or wrong in terms of First Amendment jurisprudence from a reasonable person’s standpoint, we are really not looking into the same referential viewpoint of these people, of an adolescent or young adult, including those in universities.”

Ladies and gentlemen, Liberal Condescension at it’s best/worst...

Next thing it will Liberals telling black people they are not developed enough to own guns to protect themselves, so we need to ban gun ownership for their own good... wait they already do that in Chicago...

Of Course when you can stay on your Parent’s health plan till you are in your late 20’s, the left seems to be the party of ENFORCING arrested development because they need Naive Dupes to vote for them, so they need to keep people infantile and on the “teat” both monetarily and informationally....


36 posted on 08/05/2014 10:35:46 PM PDT by GraceG (No, My Initials are not A.B.)
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To: bamahead
The article mentions Greg Lukianoff and his organization, the Foundation for Individual Rights in Education (FIRE).

I would strongly recommend, in this regard, Mr. Lukianoff's book, Unlearning Liberty: Campus Censorship and the End of American Debate.

What makes this book all the more impactful is the fact that it was authored, not by a conservative or a Republican, but by a self-described liberal Democrat.

37 posted on 08/05/2014 11:03:21 PM PDT by AmericanExceptionalist (Democrats believe in discussing the full spectrum of ideas, all the way from far left to center-left)
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To: Busko

Now y’all just hold on there folks; best remember that this guy is highly educated, very experienced and used to work for Nazi Pelousy (not misspelled, she is a parasite).
Just remember he is the US Civil Rights Commissar (oops), so he gets to tell all the rest of us what RIGHTS we have, and you had damn well better be CIVIL when you speak or write of him.


38 posted on 08/05/2014 11:45:26 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: reg45

Make that 41 and a land owner.


39 posted on 08/05/2014 11:45:26 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: bamahead

Then they’re not “developed” enough to vote.


40 posted on 08/06/2014 12:49:07 AM PDT by Westbrook (Children do not divide your love, they multiply it.)
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