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Speech Code of the Month: Lincoln University - FIRE
FIRE announces its Speech Code of the Month for November 2005: Lincoln University. Lincoln, a public university in Pennsylvania, defines sexual harassment as “unwelcome and unsolicited sexual advances, request for sexual favors or other verbal, visual or physical conduct or communication with sexual overtones that the victim deems offensive” (emphasis added). This policy shamelessly violates clearly established Supreme Court precedent regarding harassment. Remember that, as a public institution, Lincoln is bound by the Constitution, and Supreme Court decisions are authoritative interpretations of what the Constitution means. And the Supreme Court has held that for conduct to constitute constitutionally unprotected harassment, …