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"Snowflakes All Around"?


From the Eleventh Circuit panel decision allowing a First Amendment claim based on Univ. of Central Florida’s “bias-related incidents policy” to proceed:

There is, we observe, a certain irony in the facts (1) that UCF created the JKRT [Just Knights Response Team] to address situations in which students felt intimidated or marginalized and (2) that now, Speech First’s members claim to have been intimidated and marginalized by the JKRT—”kind of like … snowflakes all around.” Oral Arg. at 10:10–10:51. We asked Speech First’s lawyer at oral argument why everyone shouldn’t just “put on their big boy and big girl pants” and deal with some adversity.

His answer, we think, captures a valid distinction: “The state is a really big boy.” The University—i.e., the state—can far more easily intimidate, and thereby objectively chill, college students than can those students’ peers. And objective chill is the standard.

The post "Snowflakes All Around"? appeared first on Reason.com.

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