Campus controversy is all the rage these days. Today’s installment comes from the University of Mary Washington, located in Fredericksburg, Virginia. Members of the local student affiliate of the Feminist Majority Foundation took public positions against fraternities and various other problems exemplifying what was, in their view, a toxic student culture regarding sexual assault (for example, the men’s rugby team singing a necrophilic drinking song).
Students who disagreed with the feminist activists went on Yik Yak, a now-defunct app that allowed anonymous users to post whatever they like. It turns out that the veil of anonymity encourages people to speak in an unvarnished way, so many of the comments on the app were aggressive, vulgar, and hyperbolic.
The activists demanded that the university administration take action – and some actions were taken (including suspension of the rugby team) – but the university could not very well punish anonymous postings because, well, they were anonymous. The administration pointed out that banning a public forum because of objections to the speech expressed there would be an affront to free speech, which the University of Mary Washington, a public institution, is obliged by the First Amendment to protect.
The activists were displeased and, backed by the national Feminist Majority Foundation, sued the school for failing to ban Yik Yak and otherwise crack down on offensive speech, in alleged violation of Title IX and the Equal Protection Clause of the Fourteenth Amendment. The federal district court granted the university’s motion to dismiss, so the case is now on appeal before the U.S. Court of Appeals for the Fourth Circuit.