Jason Willick of the Stanford Political Journal has a well-considered post criticizing Stanford’s recent suspension of a fraternity’s housing ‘privileges’ over an evening of patently offensive, misogynistic jokes. 1 Willick’s criticism effortlessly weaves themes of free speech, from the evolution of speech codes to Charlie Hebdo. You should read it.
Were Stanford a public university, its suspension of the fraternity’s housing privileges would likely violate the First Amendment: uncouth, cringeworthy jokes do not fall within any exception to the First Amendment. But Stanford is a private institution and a private institution can dictate what is acceptable discourse.
Except in California. And definitely not when you’re Leland Stanford Junior University. Because when you’re Stanford, a California judge has already explained this to you.
Notes:
- Stanford’s press release — which Willick rightly notes “presents the facts in the light most favorable” to Stanford — also chalks up its actions to a few other concerns, including reports of women being drugged, but concedes that these reports “could not be substantiated.” ↩