#417 - Free Speech in Philly, Volume 1 (Live w/Lara Bazelon and Greg Lukianoff)
Aug 18, 2023
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Lara Bazelon, legal expert and podcast host, discusses rap lyrics as evidence and prosecutorial overreach. Greg Lukianoff talks about Title IX bureaucracy and free speech on campuses. They delve into the decline of American universities and the importance of free expression. Stay tuned for volume 2 where Kmele and Moynihan answer college students' questions!
Title IX regulations have expanded to include unwelcome speech on political beliefs and other protected categories, impacting freedom of speech on college campuses.
Proper investigation, evidence, and legal processes should be followed in Title IX cases involving allegations of rape to uphold justice for all parties involved.
The politicization of campus issues, such as Title IX and free speech, leads to selective outrage and inconsistent responses, undermining fairness and the rights of individuals.
Deep dives
Title IX and its impact on free speech on campus
Title IX has had a significant impact on freedom of speech on college campuses. The regulation surrounding harassment, including sexual harassment, has been expanded to include unwelcome speech on political beliefs and other protected categories. Many campuses employ a single investigator model, where one person serves as judge, jury, and executioner, often without providing due process rights to the accused. These cases extend beyond high-profile incidents and impact students from diverse backgrounds, who often lack the resources and support to navigate the system. Challenging these regulations and advocating for due process rights is crucial to ensuring fairness and protecting free speech.
Rape allegations and challenges with campus adjudication
Title IX cases involving allegations of rape highlight the challenges of campus adjudication. The lack of proper investigation, due process, and transparency in these cases leaves both the accused and accuser without a satisfactory outcome. The call for justice should not be an excuse to bypass the rights and protections of the accused. While recognizing the severity of rape as a crime, it is important to ensure that proper investigation, evidence, and legal processes are followed to uphold justice for all parties involved.
The politicization and selective outrage surrounding campus issues
The politicization of campus issues, such as Title IX and free speech, often leads to selective outrage and inconsistent responses. While some cases of campus injustice receive widespread attention and support, others are dismissed or ignored. This inconsistency undermines the fairness of the system and can result in unfair treatment for individuals involved. It is crucial to approach these issues with an open mind, prioritize due process rights, and seek justice without allowing political biases to influence the outcomes.
The Importance of Defending Free Speech and Protecting Bad Ideas
In this podcast, the speakers discuss the importance of defending free speech and protecting the rights of individuals with unpopular or offensive ideas. They highlight the historical role of organizations like the ACLU in protecting the right to free speech, even for individuals with reprehensible views. The podcast emphasizes that the law should apply equally to all individuals, regardless of their ideas, and argues against the current trend of backing away from defending those with unpopular opinions.
Challenges in Ensuring Fairness in Title IX Cases and Campus Speech
The podcast also delves into the challenges surrounding fairness in Title IX cases and campus speech on college campuses. The speakers discuss how allegations of sexual assault can have severe consequences for students, resulting in their expulsion or excommunication from their academic communities. They highlight the lack of due process and transparency in many disciplinary hearings related to sexual misconduct allegations, and the negative impact this can have on the lives of the accused. The speakers emphasize the need for reform to ensure that all individuals involved in such cases receive fair treatment and that their rights are protected.
