[Eugene Volokh] Universities May Have Duty to Block Students' Access to Sites That Carry Supposedly "Harassing" Statements About Students

A bad decision from the Fourth Circuit, aptly criticized by the Foundation for Individual Rights in Education.The 2-to-1 decision is today's Feminist Majority Foundation v. Hurley (the University of Mary Washington case). I'm traveling, and thus won't have time to post a detailed analysis myself, but here's part of the analysis from Samantha Harris at FIRE: The alarming upshot of the ruling is its suggestion that Title IX may sometimes require colleges to censor or block all students' access to certain internet sites or services based solely on anonymous statements made in an online forum that the university does not control, by people who may not be on campus, or even affiliated with the university at all. The case … stems from a series of events that roiled UMW's campus back in 2015. At the time, members of the UMW student group Feminists United on Campus (a local affiliate of Feminist Majority Foundation) were speaking out about several…

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