IN INSIDE HIGHER ED: “This month in an important victory for free speech on campus, the U.S. Court of Appeals for the Third Circuit held that Temple Universityâ€™s former sexual harassment policy was unconstitutional. While free speech advocates from across the ideological spectrum cheered the Third Circuitâ€™s ruling in DeJohn v. Temple University, some critics expressed dismay at what they deemed a â€œvery ominousâ€ example of â€œactivist judging.â€ These critics are wrong â€” and itâ€™s important for both students and university administrators to understand why. . . . The DeJohn opinion should come as no surprise to public universities. District courts have been striking down overbroad harassment policies for nearly 20 years. Rather than reaching unexpectedly ‘ominous’ or ‘activist’ legal conclusions, DeJohn simply provided a reaffirmation of clearly established law.”
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