Embry-Riddle Aeronautical University Bans Discussions of Gender Identity in Outdoor Spaces

Embry-Riddle Aeronautical University in Prescott, Arizona, is largely dedicated to aviation and aerospace programs. However, it clearly does not show the same dedication to free speech. The school recently banned “discussions about the number of genders” in outdoor spaces. This ban is a fundamental denial of free speech values in education that should be denounced by all sides of this debate.According to the Young America’s Foundation, the group was informed by ERAU Director of Student Engagement Kelsey Tempas that

“[d]iscussions about the number of genders has [sic] been determined to meet our definition of political content. Thus, per current campus policies this event cannot take place in outdoor or other public spaces (including tabling locations). If you would like to shift your event to a classroom or other private location, I’m happy to facilitate finding you a new location.”

The group indicated that it would file a complaint with the U.S. Department of Justice’s Civil Rights Division. It cited President Donald Trump’s executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” That order requires federally funded institutions to “respect the rights of students to assert the binary nature of sex.”

The status of the school as a private institution is likely to be cited as a protection against any effort to compel greater diversity of thought and free speech.

Pundits and politicians, including former presidents Joe Biden and Barack Obama, have justified their calls for censorship (or “content moderation” for polite company) by stressing that the First Amendment only applies to the government, not private companies. That distinction allows Obama to declare himself to be “pretty close to a First Amendment absolutist.” He did not call himself a “free speech absolutist” because he favors censorship for views that he considers to be “lies,” “disinformation,” or “quackery.”

The distinction has always been a disingenuous evasion. The First Amendment is not the sole or exclusive definition of free speech. Censorship on social media is equally, if not more, damaging for free speech. Those who value free speech should oppose blacklisting systems, as was the case during the McCarthy period. Now that conservatives and libertarians are being blacklisted, it is suddenly less troubling for many on the left.

The same is true for private universities. Even if discrimination laws did not apply directly to universities, they would still be discriminatory and wrong in using race or religion or gender to bar individuals from admissions or appointments. Free speech is no different. It is not only a core human right, but a vital component to the mission of higher education.

Embry-Riddle is dead wrong in this reported ban of public debates over gender identity. It should immediately reverse this ill-considered, heavy-handed policy.

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

128 thoughts on “Embry-Riddle Aeronautical University Bans Discussions of Gender Identity in Outdoor Spaces”

  1. The 1st Amendment is a legal contract between citizens and government.

    The real problem is that party elites of both parties don’t really want citizens involved in the process. The elites of both parties don’t really like America’s system of “self-government”.

    The 1st Amendment clearly states citizens have a right to communicate complaints and grievances to the people’s representatives in Congress. It also states government can’t practice guilt-by-association. Congress is prohibited from enacting laws promoting any religion. It also bans censorship by any government agency.

    So far few government officials – of either party – follow any of this legal contract with citizens in the 21st Century.

    This is the legal contract with American citizens! This is a huge reason most Americans are unhappy with both parties.

    1. The Constitution (including amendments) is a compact between the states.

      The federal government is not a party to the compact, it is the product of the compact.

    1. No because it appears to distinguish between political and nonpolitical speech. I guess you could call it location dependent content specific censorship. Seems like a no-no.

      Granted, the political divides in this country gave been manipulated into a fever pitch that sometimes becomes violent but I think that censoring, especially of one side, will just increase resentment and make it worse.

      The nonbinary wackos are going to have to learn to coexist with people with whom they disagree.

  2. Shouldn’t the Civil Rights Act be amended to include a provision that all schools that accept federal money must pledge to maintain 1A level free speech on campus as a condition of receiving that money?

    Call it Title 1A

    1. #1. There’s been enough rewriting already.

      Are these students or is it an off campus rabble rousing group? Are there any limits on this? They’ll drag in homeless people for 5$ with signs.

      Middle of the night with horns blaring … free speech.

  3. Since World War Two, patriotic brave teenagers trained to fly military planes for the “Civil Air Patrol” (called CAP kids). To the best of my knowledge, for more than 60 years these kids were never required to swear an Oath of Office loyalty oath to the United States.

    This constitutional loyalty oath is vitally important since that’s the only thing that distinguishes Americans from Nazis and Communists.

    American CAP kids were required to swear supreme loyalty to the U.S. Constitution (just a few years ago) so the USA wouldn’t create a “Nazi Youth” program in the American military.

    Apparently this university (Embry Riddle)has a military cadet program that prepares young Americans for future military service. Since they have a business deal and likely funding by the U.S. military agencies, these students should also be required to swear a constitutional Oath of Office if entering the military (like the Civil Air Patrol kids).

    Once a teenager, college student or member of the military swears supreme loyalty to the U.S. Constitution – they agree not to ever violate the First Amendment!

    1. Wouldn’t these pilots need to become government officers or prosecutors to violate the 1st Amendment?

      Turley is making a serious overreach (as a lawyer!) to claim it applies to private citizens and associations. In that wider societal context, freedom of thought and speech are VIRTUES when exercised with open-mindedness, civility, authenticity and goodwill. This fits into customs and norms, not legal obligations.

      You can go around saying anything you want, but nobody has to listen, and if you come off as rude-obnoxious, it may limit your social and professional opportunities. Those bounds are informally enforced.

      1. According to the history of the Civil Air Patrol, these teenagers were illegally flying combat related missions during World War Two.

        Apparently today in the 21st Century, these teenage pilots are being used to fly surveillance missions on American citizens, on behalf of federal agencies.

        This raises other constitutional issues, like 4th Amendment issues, recently clarified by the U.S. Supreme Court in rulings like “Carpenter v. US”.

        In “Carpenter” the court ruled that t longterm surveillance itself (exceeding 2 weeks) was a “search” and governed by the 4th Amendment. The court ruled this was to prevent warrantless “personal mapping” of any American. In other words without a warrant an agency couldn’t create a dossier of a person’s personal life. Only judges could approve that.

        The question is, can a federal agency simply farm-it-out to teenage pilots in order to subvert the U.S. Constitution? Can an agency farm-it-out to college students at a private college (students later entering government service)?

  4. I have yet to see a comment thread on this site that remains on topic. On the plus side the detours shows the subjects about which people are thinking. Free speech is amazing. Thank you Prof Turley😀

    1. Perhaps that’s because Turley chose a dubious case to discuss. I read the Exec. Order., and it applies to federal government’s treatment of gender duality in applying law and administrative policy. It wasn’t intended to apply to private universities, definitely not a aviation piloting schools.

      Yes, progressive stretch the meaning of things to get the policy they want. Let’s not as conservatives mimic their tactics.

      1. You think Turley is right? Turley talked about Costco being threatened by Republican attorney generals for keeping its DEI policy. He argued Costco shouldn’t be prosecuted or even threatened because it’s exercising its free speech rights. Embry Riddle is a private organization and if it wants to ban discussion of gender in its open spaces it can legally do so. Turley wants to have his cake and eat it too. He won’t blame Trump or the administration for creating and encouraging the environment where this is happens.

        File a complaint? To who? Elon is neutering government agencies left and right. Pam Bondi won’t do anything because banning discussion on gender is in line with Trump’s agenda. They are actively encouraging private sector organizations to ban anything considered part of DEI.

        If Embry Riddle wants to ban discussions it can. The constitution’s 1st amendment protections don’t apply to private organizations. Turley avoids this problem by declaring it a human right. That’s not what the constitution says. It’s the same argument used by others when healthcare is the issue. Turley is disingenuously trying to justify a legal policy because it contradicts his personal view. Private organizations can do that. A private employer can demand that a political bumper sticker the employer doesn’t like be removed and there’s nothing the government or the courts can do.

      2. “It wasn’t intended to apply to private universities, definitely not a aviation piloting schools.”

        The EO is not explicit but the school receives federal scholarship funds.

        “(g) Federal funds shall not be used to promote gender ideology. “

  5. OK everyone. Lighten up. This is a true story about free speech.
    When my aging mother had to go stay in a post-surgery “rehabilitation” facility for a month, my older sister and I decided to redo her bedroom as a welcome for when she came home (which she counted days toward…) New decor, accessories, bedspread, etc.
    Three walls were repainted, but the fourth wall, we decided to put a subtle, modestly-patterned wallpaper on. We also cleaned out all her dresser drawers, closet, etc. (WAY too many shoes and lipsticks….).
    Then we got this terrible idea to have some fun…
    So on the wall to be wall-papered, we took all her old lipsticks and wrote graffiti all over the wall with them–every no-no forbidden, crude word we could think of …(no need to provide examples). We roared with laughter, then we put the new wallpaper over it, pitched the old lipsticks, and marveled at how nice the room looked.
    One week later, we returned with our mom to her house. Fast forward. In sum (and what we learned from the store paint dept.), apparently all the wax from the old lipsticks had seeped through the wallpaper and all the forbidden words showed up loud and clear, all over that wall…..true story. hope it put a smile on your face.

    1. (my fault. should have been posted under the “Break Some Sh*t” piece. oh……..bless it!)

  6. I do not understand parts of Turley’s article.

    First if Embry-Riddle takes federal funds – such as federal student loan funds, then they can not restrict free speech.

    If they do not they can do as they please – I do not think that there are more than a handful of colleges in the country that do not take federal student loans. I would be surprised if Embry-Riddle was one of those.

    Mostly it sounds like some idiot is trying to game Trump’s EO – by pretending that it only applies INSIDE buildings.

    But that is Nuts.

    First – if the university – like nearly all universities receives Federal funds the first amendment applies – that is indoors and out of doors.

    Further the first amendment applies completely to STUDENTS. It only applies to the administration and faculty when they are NOT working.
    The college can restrict the workplace speech of employees like every other employer.

    Next Trump’s EO does not apply to STUDENTS – again they have first amendment rights. The president has no more authority to restrict the speech rights of students than the college. But the President Can direct that so long as the college is receiving federal funds they can not though the college impose this Gender nonsense on students. The president can also direct DOE to cut off federal funding to universities that restrict the free speech of students.

    Trump’s EO does not change students free speech rights. It does not change the FACT that the college can not restrict those rights.

    All it does is direct DOE to cut federal funding to colleges and universities that choose to restrict students free speech rights.

  7. I love headlines….

    “Trump Cuts Hit Red States, Triggering GOP Pushback”

    What? I thought you wanted to slash spending. just don’t slash spending that I like. Slash “their” spending, not mine.

    1. You seem to think a headline is the same as reality.

      I am sure that for many cuts there is some republican somewhere that opposes them.

      But there is no significant portion of the GOP that thinks Trump/Musk are going too far.

      Further – while the president can and needs to cut waste and fraud – and unless the courts can established that Congress has specifically authorized waste and fraud, they must stay out of this, ultimately Musk is auditting governemtn spending – FINDING waste and Fraud.

      The long term solution and expected result is for CONGRESS to permanently reduce the budgets of agencies to match their ACTUAL expenses.

      Nothing Trump are Musk is doing precludes the Next president from restoring all the waste and Fraud.

      1. “But there is no significant portion of the GOP that thinks Trump/Musk are going too far.”

        Which is the really sad thing.
        Supporting dictators over democracies across the world isn’t bad enough.
        Supporting racist, racist regimes over democracy isn’t bad enough.
        Taking food away from starving people isn’t bad enough.
        Telling lies about what people do for a living isn’t bad enough.
        Telling lies about immigrants isn’t bad enough
        Threatening to not follow judicial orders isn’t bad enough.

        Yep, you would fit right in with Hitlers brown shirts in 1938 Germany. Thank you for letting us know the true stripes on your back.

        1. your West Hollywood crystal meth 12 Step sponsor is looking for you.
          Put down the meth pipe, and give xim/xer a ring

          LOS ANGELES LGBT CENTER
          (323) 993-7500
          lalgbtcenter.org
          The L.A. LGBT Center provides individual therapy, outpatient treatment, medication-assisted treatment, and substance use recovery support groups. The support groups include, Women in Recovery, a processing group for female- identified people who want to maintain sobriety and, Methology, a group for developing strategies and goals to reduce methamphetamine use.

      2. Trump and Musk don’t care about cutting waste and fraud. They are trying to consolidate power. They have fired the very people in the government who’s job it is to cut down on waste and fraud. This who “waste and fraud” shtick is a smokescreen that MAGAmorons are falling for.

        1. IF it was those people’s job to cut down on waste and fraud then they clearly weren’t doing it and needed to be fire.d

    2. Deep cuts are, without question, necessary. The cuts are going to cause pain. There will be plenty of screaming from all quarters. Cry me a river.

      Saying there are 2M federal employees is deceptive – apparently there are another 12.5M at NGOs that are dependent on federal spending. Why are tax dollars funding NGOs? Where will those people work when the federal teat runs dry?

      In the big picture it looks like criminal policies have and continue to deindustrialize the US and the feds are basically putting people on a UBI to cover up the negative effects.

      I saw a dairy farmer on the news complaining that if his illegals are deported he would have to pay Americans $100k/year to work fewer hours and he would go out of business. $100k for a farm hand? If the free money dries up as it should Americans may actually start to learn how to work. So sad, the cow poop won’t shovel itself. There’s no app for that.

      The chickens are coming home to roost. At least our chickens give us plenty of delicious eggs

    3. Literally No one is saying that. The fact you hate Trump more than the corruption of the government days everything.

  8. The United States is a free speech zone. Everywhere. If a University gets Federal Funds it really does not matter whether they are Private or Public.
    Remember the Golden Rule. He who has the gold makes the rules and the Feds make the rules. The Fact that we have a 1st amendment right, which I believe the SCOTUS determined applies to the entire county, I think this University is totally out of line.
    It is hard to believe to me that a University (with a straight face) tried to place this rule.
    The students should simply ignore this rule and start talking about whatever they wish to talk about in whatever space they are and keep doing it. Gender is hardly a political subject, it primarily a biological discussion but how you interpret the science may become political, in which case you say “so what”. The students are not first graders who need to be led by theirs noses or induced with candy treats to follow the mob or the group.
    I know when I was in high school (long ago) and college, such a rule would have been greeted with hoots and derision and obscene hand gestures and then we would still have done and talked about what ever we wished.
    They should dare the college to enforce its rule. I think it would be a great way for the students to win some handy cash for them and their attorneys.
    Whatever happened to “I am going to do what I is right and damn the university to come after me”. Most of the time (not always) they will back off because they are cowards. Just be prepared for some backblast but revel in it. It can be fun to be disruptive.
    We muzzle dogs not humans. Speech and communication is the reason we are sentient. If you muzzle our speech then you might as well tell us to stop breathing. That I refuse to do.
    Europeans put up with this s—t but there is no reason whatsoever that Americans should put up with this. Ever.

    1. “Remember the Golden Rule. ” You just made that up. No such rule.
      The rest is a heap of warm spit. Where do come up with such nonsense?

      1. Anonymous
        Unfortunately GEB has a long standing relationship with the demon alcohol.
        All his comments are made through the haze of his daily dose of Black Russians.
        You need to take that into account when reading his comments.

        1. All of GEB’s comments are lucid, common sense, based on logic and clearly experience.

        2. Anonymously12:07PM- I know what a Black Russian is. You on the other hand offer no cogent arguments and continue to stare into the abyss that looks out from your mirror. You learned a new term in the past 2 weeks and you are trying it out to see if it’s relevant or useful but instead you continue to come off as incredibly pathetic with, as yet, no redeeming contribution to this column. Such an unhappy life you must live to be so persistently unpleasant and depressing. They used to use shock therapy and/or insulin shock in order to break persisting severe depression. Now there are antidepressants and anti psychotics that work well with major depression or bipolar disorder. You really should consult with some professionals about help. Imagine the new worlds that could open before you.
          It might help you in dealing with your persistent need to project your maladies.
          You talk about hazes. I think you must live within a very dark cloud and minimal light seems to make its way through. Truly Sad

      2. Anonymously10:08AM
        Oh you of little to no experience and even less sense. You must have led a blighted and unhappy life

    1. what does that have to do with free speech at the school. Try and focus on the article.

      1. Anonymous9:17AM
        It is self evident that it applies to this school. Only a moron or mentally blind could not see that.

          1. Anonymously12:31
            Only in our dreams, or more specifically for you, only in your nightmares

          2. Unfortunately you are correct about a meltdown.
            GEB is well primed with his daily dose of Black Russians.
            Disinhibition is a feature of excessive alcohol consumption
            Note the resort to childish insults and name calling as a consequence of the disinhibition.

            1. Anonymous 2:25 PM still wallowing around in your despair, I see. I drop by every few hours to see what has happened in the column and there you are still blathering along. It’s nice to know that I live in your mind. Have a nice evening. What nightmares you must have. But this has been fun but still a waste of my time so you can blather all you want and I will no longer respond. Just don’t want to use up your valuable time some you can go out and steal children’s candy and kick dogs.

  9. Oops! Trump Accidentally Fired Hundreds Of Federal Workers Who Maintain Our Nuclear Weapons

    Sources told ABC News Friday that managers at the National Nuclear Security Administration (NNSA) have been frantically attempting to recall hundreds of employees. The staff, who play a critical role in maintaining the U.S. nuclear weapons stockpile, were fired en masse Thursday night along with countless other employees at the Department of Energy.

    The group was among several thousand probationary federal workers fired by Donald Trump and Elon Musk on Thursday and Friday. Probationary workers are in the first year of their federal career and, as they’re not typically part of the bargaining unit yet, are easier to fire.

    trump, too smart for your average slug. Doesn’t even know what he is doing. Oh yea, blame Musk, So the richest man in the world is also dumb as a slug.

    1. If they are probationary workers then they should REMAIN fired. If they have only been on the job breifly – they have little or not expertise that is lost.

      So Terminate them and replace them with employees from elsewhere that are less easy to fire.

    2. Musk comes from a “move fast and break things” business culture, where the world is not depending on things that get recklessly stomped on. I support streamlining the federal workforce, it just needs to be taken at a more sensible pace.

      1. Milei in Argentina is moving faster and has balanced Argentina’s budget, and brought Inflation in Argentina down 3000 percent.

        There MAY be some disruptions as part of this – though honestly – I expect those to be few and minor.

        i would remind you that the disruptions that occur during a federal shutdown – where 90% of federal employees quit working, and where often the executive seeks to inflict as much pain as possible are still relatively minor.

        If the US can function with 90% of the workforce missing for months. it can funding with 10% gone permanently.

        1. Tell that to travelers who can’t attend a wedding or funeral because their passport has been delayed.

          Tell that to farmers and mariners who cannot get timely weather satellite forecasting.

          Tell that to construction projects that have their inspections delayed.

          Tell that to airline passengers who miss their flights because the TSA checkpoint was understaffed.

          1. “Tell that to travelers who can’t attend a wedding or funeral because their passport has been delayed.”
            If a person have all of their papers in order and can easily be verified, one mustn’t need to wait for that long. Do you have any evidence that there being a shortage of staff will lead to there being delays?

            “Tell that to farmers and mariners who cannot get timely weather satellite forecasting.”
            With the exception of satellite imagery, those farmers and mariners can rely on their local weather forecasting service.

            https://www.reddit.com/r/weather/comments/1behl2e/are_there_still_any_tv_stations_that_still_use/

            “Tell that to construction projects that have their inspections delayed.”
            I’m pretty sure a state can handle that without the need of federal interference.

            “Tell that to airline passengers who miss their flights because the TSA checkpoint was understaffed.”
            How in the world did we managed to do any of these things prior to the creation of the Transportation Security Administration? If anything, IMO, the TSA is unconstitutional as, in order to get pass a checkpoint, one must undergo a pat down. That in itself is a violation of the Fourth Amendment.

    3. Any news item that starts with “sources told” is dubious to start.

      If a real problem exists – You will not need anonymous sources.

      You will be able to interview people fired and then recalled.

      Whiel I do not see a reason for NOT terminating probatoionary workers ANYWHERE.
      Probationary automatically means INEXPERIENCED
      Therefore Workers Elsewhere who are less easy to fire should be given the oportunity to transfer.

      This is likely to be an issue all accross the federal govenrment – I beleive there are 296,000 probationary workers.
      While nearly all of those positions are not likely necescary – it is near certain that a FEW are.

      But it will be even rarer that the SPECIFIC probationary worker is indispensable – because NO ONE is indispensable.

      When someone who is easily fired is removed from a job that is essential – give those who are not easily fired and qualified, but in less critical roles the opportunity to transfer to a job where they are essential.

      I will bet most will take that opportunity.

      The necessary Slashing and burning the bloated federal bureaucracy will inevitably result in occasional re-arrangements of personel.

      It will result in SOME disruptions.

      It will even occasionally result in mistakes.

      These can be corrected.

      The world will go on.

      1. John Say-it is humbling to learn that none of us are indespensible. And the world keeps turning

    4. If some idiot at NNSA is ” frantically attempting to recall hundreds of employees” then that person should ALSO be fired.

      If these POSITIONS are truly essential, they can be filled by transfering people who are NOT probationary from elsewhere.

      Do you honestly beleive that in a federal workforce of 3M people that there is any NEW guy preforming an “essential” task that can not be replaced by someone elsewhere in government that is not new and not essential.

  10. Why just outdoors? I mean, if you’re going to stifle speech, do it 100% or don’t do it at all.

  11. Courts allow time, manner, and place restrictions on speech. E-R has a place and content restriction (no political discussions outside), but seems to be viewpoint neutral.
    What if E-R has learned that political discussions outside disrupt the learning process?

    1. E-R made two mistakes:

      1) Distinguishing between political and nonpolitical speech – courts actually lean in the direction of greater protections for political speech.

      2) Clearly singled out gender related speech for miscategorization and censoring.

      Hardly viewpoint neutral. Pure Effing Evil, in fact. No need to fight with them – simply cancel all federal and state money that was headed their way.

    2. “Courts allow time, manner, and place restrictions on speech.” only if they are essential, and infringe on the rights of free speech to the least extent possible while accomplishing a critical goal.

      “What if E-R has learned that political discussions outside disrupt the learning process?”
      ROFL
      First political speech is the MOST HIGHLY PROTECTED form of speech.
      Being disruptive to education is NOT sufficient to infringe on the first amendment.
      If the University goal of avoiding disruption IS sufficiently important to allow first amendment restrictions AND can not be implimented an ANY less disruptive way – only then is a first amendment restriction possible.

      Rules prohibiting Students from disrupting classes are not free speech violations.
      Rules prohibiting students from disrupting events or the speech of others are not first amendment violations.

      But rules that bar CONTENT – such as barring political discussions are nearly always unconstitutional.
      Even if they are implimented as time, manner and place restrictions.

      1. “Being disruptive to education is NOT sufficient to infringe on the first amendment”
        Funny that the Warren Court ruled the exact opposite way in Tinker v. Des Moines ICSD.

        Combining a response to another person for convenience:
        “Hardly viewpoint neutral” Au contraire.
        Viewpoint A: There are only two genders, based on biology.
        Viewpoint B: Gender is independent of biological sex

        E-R doesn’t want to hear Viewpoint A OR Viewpoint B, outside a building. Therefore, viewpoint neutral.

        1. #1^^^ oh for crissake, don’t make me explain it again…

          Goathead sticker weed wants to rule the world, too. Rabbit’s, too.

          FOR THE POETIC–> be fruitful and multiply is an observation of nature.

          I’m feeling the impulse to use profanity and curses…

  12. “Russia is relishing a series of contradictory White House messages on Ukraine”

    Did anybody actually doubt trump loves Putin?

    1. What idiot said either of those things? And what is contradictory? Trump is pushing for peace. Plain and simple.

      1. Tell that to the dead Ukrainians, the Ukrainians that fled their bombed out cities, the dead babies, the women that have been raped by Russian soldiers. I’m sure it will be of great solace to hear that from you.

        1. All of that could of been prevented had not Biden the butcher squashed the tentative peace deal the Ukraine and Russia had in Istanbul in the spring of 2020. If it was not for Biden pushing for more war, a lot death and destruction could of been prevented. Biden is the one who sent millions of dollars worth of war material to keep the war going.

        2. BabyTrump-I think it was Biden who said a “minor incursion” would not be a big deal. I think it would be political speech to ty to figure out what “minor” meant.

        3. Not our problem because the Constitution delegates no authority to the federal government to provide any kind of foreign aid or defend other countries.

          The federal government exists for the benefit of only citizens of our federal Constitutional Republic.

            1. Supremacy Clause:

              This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

              Where do we find the authority of the US — the Constitution. The Constitution enumerates ALL of the federal government’s powers and duties. A treaty cannot grant or expand the powers of the federal government.

              The federal government cannot use a treaty to get around the limitations of the Constitution.

              1. Ok, treaties must conform to the constitution. What’s the case law regarding treaties?

                Please do my homework

                1. Irrelevant.

                  Courts can’t make law. All legislative authority is vested — fixed — in Congress. Where are court opinions, precedent, or case law listed as the Supreme law of the land in the Supremacy Clause?

              2. Oh, and last response. I broke my rule of not answering an ‘anonymous’ poster.

                So, no more.

              3. Lgbmiel-But those treaties have to be passed by 2/3 vote of the Senate otherwise it does not become US Law. A simple agreement signed by a President still has to have Senate approval or any of the sovereign states can basically ignore it. Since Obama never had the Senate approve the IRAN deal it was never a treaty and states ignored his attempts to get them to drop their embargo of Iranian products.

        4. I am far more interested in the live Ukrainians who will become dead Ukrainians if we do not end this.

          While no one is for peace at any price. We are also not for victory at any price.

      2. Yes, Trump is a pacifist. He wants peace so much, he doesn’t care what the fight is about, nor the terms for ending it. He has the moral fiber of a cockroach. At one point, conservatives looked down on such spineless pacifists as cowards….now they celebrate them!

        1. When are you going to man up, fly over to the Ukraine, enlist in a combat MOS in the Ukrainian military and fight on the front lines? You still have time. If not you, why not your children or grandchildren?

    2. False and irrelevant.

      It does not matter whether Trump loves Putin or Hates him.

      It matters whether Trump accomplishes what is in the US best interests,
      like not pushing unnecessarily to the brink of nuclear war.
      Or getting a peace deal that no one likes but everyone can live with that ends the killing of 10’s of thousands everyday
      and the wastefull spending of billions.

  13. I shudder to think we could have had to endure 4 more years under the tyranny of the democrats.

  14. Another WOKE University refusing to allow free speech. Cut them off of all Public Funds. Sue them and fine them. When you go after the Liberals $$$ they scream and its one of the worse punishments you can do to Woke Liberals tale their $$$$

      1. Those kids are just making noise to get attention as all adolescents do. The can always use social media to discus, or hit the local bar and discuss the issue. If there’s a school newspaper, then try that. Children have learned to throw temper tantrums when an adult says NO.

  15. Next thing Turley will be arguing against rules of decorum in Courtrooms. And, why block hearsay evidence? Why not allow consequence-free perjury? Free speech.

    This aviation college is only placing “place” restrictions on political speech.

    JT is making an assault on a private organization’s rights to align its private infospace with its mission. The Civility Rule (link at top of page) is just such an exercise of this principle by JT himself.

    1. But no place restrictions on nonpolitical speech?

      As far as I can recall I have, on nice days, seen students at tables at pretty much every university I’ve visited, advertising their causes to anyone willing to engage them.

      And that is a good thing.

      The coddling of genderloons is a bad thing. Let them try to sell their asinine narcissism in an uncoerced public venue. When opposed they just get violent – not a sign of self-confidence. Is that why the administration is offering special protections?

      1. “advertising their causes to anyone willing to engage them.”

        Old Fish, you are promoting normality. Advanced education requires table discussions to spread ideas and permit students to give feedback. Table discussions and similar venues are an essential part of education. The left refuses engagement, becoming violent when the ideas don’t conform to their own.

        If such table discussions cannot occur peacefully, then those who are violent should be tossed from the university. That should include professors and the rest of the staff. Discussion without fighting is integral for a university education and a civilized world.

    2. “Next thing Turley will be arguing against rules of decorum in Courtrooms. And, why not block hearsay evidence? Why not allow consequence free perjury?” This kind of argument is either sarcasm or one of the worst attempts to analogize a point I have seen from a usually bright person in a while.

      To equate calling for freedom of opinion on a CAMPUS to hearsay rules is about as dumb a straw man as I have seen. To say that consequence free perjury, whatever that is, should just be ignored in a COURTROOM is a case of someone trying desperately to argue just for the sake of argument.

      If your point is to claim that private organizations should be able to do anything they want regarding race, gender, speech or any other common rights then make your argument, you don’t need to drag out the analogy monster that should be left under your bed.

      1. Have you ever led an organization? A team? It’s simply not reasonable to hand over control of the communications to the “loudest voices” (those willing to take up militant tactics). You will lose control of your org’s mission — a sign of incompetent leadership.

        Try to be practical and apply common sense.

        A good leader will keep ideas flowing, keep people open-minded, and listen carefully to dissent put forth with respect and civility. This is how creative breakthroughs are possible.

        A good leader will not subscribe to a radical version of free-speech which destroys trust and cooperation, and undermines mission. It’s not that complicated. Private orgs have a basic right of self-management, and this necessitates upholding norms of speech….open-minded and tolerant of divergent thinking….but quickly stomping out militancy, deceitful infowarfare, manipulative inauthenticity and intimidation.

        Again, have you ever led an organization?

        1. You are overthinking this! You are trying, poorly, to intellectualize common sense and you are failing miserably. It is a simple concept, here in America people get to say what is on their mind excluding calls to violence etc) and when people, people that you usually disagree with, try to stifle freedom of speech it needs to be fought against, it needs to be challenged and it needs to be defeated, and this is what Turley always argues for. Your lame attempt to pontificate about tangential BS canards is a bad attempt to Dr. Irwin Cory the issue with “intectual” garbage that can only be spouted on a campus. The real world laughs at these weak attempts to justify (some) people having the power to decide what can be said.

          Yes, I have owned my own company and therefore I did have to lead, so whatever your point is there it is not hitting it’s mark. As far as “organizations” are concerned we are seeing the last few weeks that many “organizations” are grifting operations and almost all of them are leftist. Take your NGOs and your non-profits and show us their books!!!!

          1. You’re reading way too much into my comment. I support Musk team’s work. Government will come out leaner and better. As far as colleges and universities, they will finally change when the students revolt (intellectually) against the stifling, leftist conformity of the faculty. It’s already begun.

            Cutting off federal funding to universities who are counter-liberal (intolerant, closed-minded politically) is going to happen and I support it. Will it change the culture? I doubt it. Those changes have to come bottom-up organically, not top-down from government. What if we have a radical shift of government 4 years from now? Do you think government should dictate priorities to universities?…only when it’s the government you support, not the one you oppose?

        2. Pbinca-If you’ve led a team, then most of the time, you get a lot of discussion then the head of the team makes the decision and does must of the work.
          Sort of like a citizen army-90% are targets, 10 % does most of the fighting, 1% are the true warriors who lead .

        3. “Have you ever led an organization? A team? It’s simply not reasonable to hand over control of the communications to the “loudest voices” (those willing to take up militant tactics). You will lose control of your org’s mission — a sign of incompetent leadership.”

          There is so much wrong here. If we are dealing with purely voluntary organizations that have no nexis with FORCE – i.e. they are not government, nor are they funded by government.

          You are STILL wrong. Those organizations will be dominated by the loudest voices and everyone else can decide whether they leave or stay. All VOLUNTARY arrangement as self regulating – for pretty much everything BECAUSE they are voluntary.

          But the moment you add Government – FORCE into the mix – you are NOT dealing with purely voluntary organizations.
          Short of actually leaving the country – which can mean surrendering or abandoning rights and property, you can not solve the problems by self regulation – that is why we have a social contract, why we have a constitution, and nartual and constitutional rights that can not be infringed on by FORCE.

          The FORCE distinction is of critical importance. Rights such as free speech do not need protection outside of the context of Govenrment – because there is no FORCE involved.

          You can have whatever rules you wish, you can give others whatever rights you wish ON YOUR OWN PROPERTY,
          and others can do the same with you on their property.

          E-R can do as it pleases – so long as it does not accept government funds. Government funds sounds innocuous – but it is not.
          Government funds are taken by FORCE from the rest of us. That means when E-R accepts government funds and makes choices regarding the speech of others, it is doing so with resources that were NOT voluntarily given to it, and that those who gave can not choose to withdraw.

          We all accept that we must pay SOME taxes, and that as individuals we do NOT have total control of how those taxes are spent.

          It should be “common sense” that unless there is only a NARROW domain in which taxes paid by FORCE can be used that their use is IMMORAL. Stealing from people at gun point can only be legitimate under the narrowest of circumstances.

          AS the declaration of independence asserts – the use of FORCE – government is to SECURE our rights and that when government becomes abusive of those rights it is the right of the people – even through violence if necessary to end that abuse.

          Put simply – Government is different from any purely voluntary organization.
          And any Voluntary organization that takes resources from govenrment is no longer a purely voluntary organization.

          “A good leader” – this is NOT about leaders. All organizations that are directly or indirectly excercising FORCE
          MUST adhere to a RADICAL version of not only Free speech but ALL freedoms.

          The entire purpose of RIGHTS is to Guarantee that SOME things are NOT subject to FORCE.
          Whether that is the FORCE of a dictator, or the FORCE of the majority.

          Why is slavery wrong ?
          Why is racism wrong ?
          Why is murder Wrong ?

          Every single thing that is legitimately claimed to be wrong or immoral.
          is wrong because it is an infringement on someones rights.
          And it remains wrong – even when it has the support of a majority.

          Rights are inherently RADICAL.

        4. Why does Hullbobby need to run an organization? He discusses free speech, and we recognize that when a school is given funds of any type, the school has to live up to Trump’s executive order.

          Each company is different, but generally, discussions involve the company’s bottom line. Anything else is a waste of time and money. Those who run companies recognize the need to fire those who waste time and money.

      2. Hullbobby-Well said. Democrats love strawmen. They don’t talk back or for that matter don’t say much of anything.

    3. Pal, you’re reading something into his words that simply is not there.
      One thing is glaringly obvious here, commenters lack reading skills.
      This is one of those commneters.

    4. The Civility Rule is not a subject matter restriction. Commenters are free to express themselves about ANY subject. Turley just expects them to be civil about how they express their ideas.

      This university is banning the expression of ideas based entirely on their subject matter.

      What the university is doing is promoting groupthink. It is illiberal and authoritarian.

      This isn’t hard to understand.

      1. The way I read the article, this flying school has banned “political speech”, not one specific political viewpoint or topic. And, it only pertains to outdoor venues, it’s fine indoors. To me, that’s open to question as to why they are making this “place” distinction, but it’s still the school’s call.

        If you’ve ever piloted (co-piloted) an aircraft, there are norms about conversation in the cockpit that are mission-focussed, and not “free speech” as in a political public square. CRM does encourage dissenting opinion, so long as its mission-focussed and not ad-hominem or distracting. Time and place….it’s just common-sense.

        1. That is one of the worst analogies I’ve ever seen. Free speech issues on a campus are definitely NOT illuminated by comparing them to the orderly command structure that is in place for an aircrew. Go back to GO!

    5. The First Amendment protects the freedom to express political ideas and viewpoints.
      Political speech is considered a core part of the First Amendment.

    6. Presumably you have heard of the concept of Ordered liberty.

      The entire purpose of Government – the social contract is to use FORCE against those that would use FORCE to infringe on the liberty of others.

      When we are in court – as an example trying someone for murder, we allow SOME restrictions on rights WHILE IN COURT,
      For the purpose of assuring that BEFORE we use FORCE against the accused, that we are actual SURE of what we are doing BEFORE we infringe on the rights of the defendant.

      If you develop a Magic hat that can 100% accurately determine who has used force to violate the rights of others – we can dispense with courts and use your hat.

      But we have no such magic tool, and so we have develoed an elaborate system that attempts as best as possible to protect everyones rights while performing the most critical task of government –
      punishing those who have used force to infringe on the rights of others.

      We have spent 300,000 years painstakingly developing this system – and it still has flaws – it is still subject to abuse.
      But we continue with it because though imperfect it is the best we have managed.

      You are free to try to improve on it – but you are REQUIRED to prove that your “idea” is universally better before you can toss what 300,000 years of trial and error and experience has evolved that is todate the best we can do.

  16. It’s not just the universities and colleges. Secondary schools, both public and private, are openly suppressing any discussion of issues promoted by the “DEI” or “CRT” crowd.

    1. Private university that accepts state and federal money in the form of tuition assistance for students and research grants.

      https://daytonabeach.erau.edu/financial-aid/grants

      https://news.erau.edu/headlines/faa-awards-embry-riddles-center-for-aerospace-resilient-systems-$1-3-million-to-boost-cybersecurity

      They may think that their speech controls will create a more harmonius environment but they are wrong and they are breaking the law with their content-based ban of otherwise legal speech.

      They need to be raked over the coals. Thrice.

      1. yup. Cut them off from FAFSA. See where their convictions are then on their dime

        =====

        Financial Aid
        94% of Embry‑Riddle freshmen receive some form of financial aid through scholarships, grants and loans.

        To apply for need-based financial aid:

        Fill out the Free Application for Federal Student Aid (FAFSA).
        Include Embry‑Riddle’s federal school code on the FAFSA: 001479.
        The FAFSA is the first step in receiving additional aid.

        https://erau.edu/becoming-student

  17. Professor Turley writes, “That distinction allows Obama to declare himself to be ‘pretty close to a First Amendment absolutist.’”

    Regarding his actual intentions, Obama has always been a weasel. I cite Gruber Brenner, Clapper, and Lerner as evidence.

    O would weave both ways to create a smoke screen for his capos, while giving himself plausible deniability. He did this on a lot of things, not just free speech.

    This strategy was too clever by half. His apparent lack of conviction caused a real lack of direction in the government. For this reason, he was a mediocre president, even by Democrat standards, but his hired trolls remain at large.

    1. Obama? Remember Shirley Sherrod had to go because of what people THOUGHT she said.

    2. #1 isn’t the school’s mission aeronautics and education? Unless this school denied admission to a person based on a disorder then what standing is there? It’s noise speech, disruption.

      The feds have stated their stand on reproduction or replication as male female and that’s the reference used. Any disorder is defined elsewhere.

      1. #1. ^^^^ The feds have chosen the science based biological imperative–> male female.

  18. Listening to “Gang of One: Memoir of a Red Guard” now. The parallels between the madness of the Cultural Revolution and the wokeness of the West are frightening, particularly censorship, group think, and cancel culture. Fortunately, we haven’t seen the violence Mao unleashed vis-à-vis the Red Guard, at least not yet. Read (for the third time) “Life and Death in Shanghai” when BHO took office and saw it in a whole new light. It doesn’t take much to turn a society on itself. Censorship is key to achieving despotic goals.

    1. “The parallels between the madness of the Cultural Revolution.” Those parallels you refer to do are mostly exaggerated by the socialist media, and also conservative media .
      I see a bigger concern Americans should have, is the power of corporations to destroy lives and livelihoods to achieve control of the masses with a capitalistic government giving them power for money/bribes, think, the pharmas and media corps. The so-called billionaires are a threat including Musk.

      1. “I see a bigger concern Americans should have, is the power of corporations to destroy lives and livelihoods to achieve control of the masses with a capitalistic government giving them power for money/bribes, think, the pharmas and media corps. The so-called billionaires are a threat including Musk.” are mostly exaggerated by the socialist media,

    2. Difference…who would be the “red guard” now? And who is better armed and more pissed off? The “guard” or the normals. I submit to you that if a “cultural revolution” including violence or a “terror” such as in France is to occur…it will be the “guard” and the “jacobins” who do the suffering. And I am here for it. We need to get this the hell over with for the sake of my grandchildren…and yours.

    3. While I agree with you regarding the parallels between the behavior of the modern Woke left and the cultural revolution.
      As we are already seeing – Western institutions and western values are significantly stronger than those of Maoist China
      Making this woke nonsense a serious annoyance and disruption, but not actually life threatening to any but those that adopt idiotic woke values.

      The backlash against the Cultural revolution had to wait for years after Mao’s death.
      The backlash against Woke nonsense took a few years in the US, and the nonsense did NOT get to the extent it did during the cultural revolution where people were imprisoned and killed for wrong think – often when they did not even engage in “wrong think”.

      That does not mean we should not be vigilant here.

Comments are closed.