DISPATCHES FROM GROUND ZERO OF THE EDUCATION APOCALYPSE: With a Huge Punitive Damage Award, the Oberlin Verdict Becomes Even More Meaningful.

Second, the size of the jury award will create a legal market for litigation. There’s a relatively simple reason why campus free-speech codes proliferated well before there was a concerted legal counterattack — money. It takes money to sue universities, and First Amendment cases simply don’t yield eye-popping jury awards. It took the creation of large networks of nonprofit, pro-bono lawyers to turn the free-speech tide on campus.

Common-law torts are different. Plaintiffs can receive real compensation, and universities have deep pockets. In a radio interview yesterday, I compared the verdict to the kind of sound that causes prairie dogs to stand alert — suddenly, lawyers are paying attention:

It is true that vexatious defamation suits can be used to punish lawful speakers, but many states have erected statutory guardrails to protect defendants against frivolous litigation. In addition, the First Amendment properly provides extremely robust protection for speech directed at public figures such as politicians, celebrities, and journalists. The fact remains, however, that outrage campaigns are often built on lies, and that when adults irresponsibly or maliciously spread those lies, the law has long provided a remedy.

Critics are already decrying the “chilling effect” of the Oberlin verdict. To the extent that the verdict causes activist administrators to pause and consider the underlying veracity and merit of the public campaigns they’re asked to join, then this is one chilling effect that may well do some good.

I hope they rain fire and brimstone, to coin a phrase.