At least one observer
was not surprised at the outcome: “FIRE picks winners, and they are always
legally precise on First Amendment issues,” said Brett Sokolow, President &
CEO of the NCHERM Group, a law firm that works with over 50 colleges and universities
to craft codes and policies.
Sokolow’s numbers are
lower than FIRE’s. He estimates that 25 or 30 percent have speech codes that
are overbroad in their drafting or have been applied unconstitutionally: “Many
still haven’t gotten the message,” he said.
"FIRE’s point is
that you can’t try to enforce civility,” Sokolow said. “You have to teach it.
Civility codes are the least effective way to bring about a climate of
tolerance and civility. You can’t punish someone into not being a bigot. And
imposing restrictions never flies with the court.”
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