Bio

Greg Lukianoff is the president of the Foundation for Individual Rights in Education (FIRE) and has been with FIRE since 2001, when he was hired to be the organization's first director of legal and public advocacy. Greg is a member of the State Bar of California and the bar of the Supreme Court of the United States. Greg is the author of Unlearning Liberty: Campus Censorship and the End of American Debate and has published articles in The Washington PostThe New York TimesThe New York Daily NewsThe Los Angeles TimesThe Boston Globe, the New York PostThe Stanford Technology Law ReviewThe Chronicle of Higher EducationReasonCongressional QuarterlyThe Daily CallerThe Charleston Law Review, and numerous other publications.

He is a blogger for the Huffington Post and authored a chapter in Templeton Press's anthology New Threats to Freedom, edited by Adam Bellow. Greg is a frequent guest on local and national syndicated radio programs, has represented FIRE on national television shows, including CBS Evening News, The O'Reilly Factor, MSNBC's Dr. NancyThe Abrams ReportHannity and ColmesStosselScarborough Country, and Buchanan and Press, and has testified before the U.S. Senate about free speech issues on America's campuses. In 2008 he became the first ever recipient of the Playboy Foundation Freedom of Expression Award and in 2010 he received Ford Hall Forum's Louis P. and Evelyn Smith First Amendment Award on behalf of FIRE.

Greg is a graduate of American University and of Stanford Law School, where he focused on First Amendment and constitutional law. Before joining FIRE, Greg practiced law in Northern California, interned at the ACLU of Northern California and the Organization for Aid to Refugees in Prague, Czech Republic, and was the development manager of the EnvironMentors Project in Washington, D.C. Greg, along with Harvey A. Silverglate and David French, is a co-author of FIRE's Guide to Free Speech on Campus. Greg is also a proud member of the board of directors of Philadelphia's Theatre Exile.


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Greg Lukianoff
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Greg Lukianoff
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Greg Lukianoff

http://news.yahoo.com/obama-administration-scraps-free-speech-070000053.html

Obama Administration Scraps Free Speech

Mona Charen's column is released once a week.

By Mona Charen | Mona Charen – 7 hrs ago

Two years ago, this column, along with others, raised an alarm about the Obama administration's decision radically to diminish the due process rights of those accused of sexual harassment onAmerican campuses. There's a new outrage today, but first, a recap:

In a 2011 letter to colleges, the U.S. Department of Education's Office of Civil Rights (OCR) mandated that in cases of suspected sexual harassment or sexual assault, universities were to reduce the standard of proof to a more likely than not standard. The new standard requires that fact finders believe only that there is a 50.01 chance that the charges are true.

I warned at the time that students falsely accused could see their lives upended and possibly destroyed. Clearly, if a student has committed a crime or serious offense, the university has a duty to investigate. But serious charges, which can blight careers, require serious guarantees of the rights of the accused....

Greg Lukianoff

Larry3435

The Circuits are in agreement that the standard is severe orpervasive, not severe andpervasive.  http://www.garlands-digest.com/treatise/19/19251.html

The University of Montana settlement, as I read it, does not abandon the "objective/reasonable person" standard, nor the "unwelcome" requirement, nor the basic definition of hostile work environment.

The only thing I found surprising was that the accuser is given appeal rights if the accusation is found to be without merit.  That is unusual. · 4 hours ago

Wrong again. The controlling opinion for student-on-student harassment is the Davis, Supreme Court opinion that we cite and it is "severe, pervasive, AND objectively offensive." You are thinking of the work place standard, which is an "or" standard, not student on student as decided by the Supreme Court.

The letter also says plainly that "objectively offensive" is no longer required. Read pages 8 and 9 again.

Edited on May 12, 2013 at 4:49am
Greg Lukianoff

Larry3435: I admire the work of FIRE, but in this case it is just wrong.  I read the letter.  The settlement agreement with the University of Montana is not a "mandate," even if the feds hype it as a "blueprint" for other universities.  The description of the law of sexual harassment in the letter is basically accurate, although a bit sloppy.  (Sloppy is what you get when a bureaucrat drones on for 31 pages while patting  his agency on the back.)  [...]

FIRE does some really good work, but this press release was a hysteria-mongering fund raising letter, pure and simple. · 33 minutes ago

No, it is a mandate for what SH will now be defined on by campus issued by the federal organization that has power over that AND the DOJ. Everything we said in the PR is accurate. These kind of DOE letters define what campuses do. You are giving both a an overly charitable (sloppy? maybe, but also binding) and inaccurate reading to what this letter means in context. Follow the link to Hans Bader's article, too. I am sorry it strikes you as "hysteria" but this is an extraordinarily bad development for campus free speech. 

Edited on May 11, 2013 at 9:50pm
Greg Lukianoff
Devereaux: What IS needed is strong push-back. Time to gin up the e-mail to legislators. It is often the loudest who wins, so let's be the loudest. · 24 minutes ago

Completely agreed. One thing all readers should do is write your alma maters and tell them that they NEED to fight this. Higher Ed has chickened out from fighting previous mandates but given this new broad policy is essentially impossible to enforce and exposes all universities to constant liability that may finally change. But they need a push.  

Greg Lukianoff
Rawls: Greg, in any of the cases you've mentioned in your article has anyone sued? · 3 minutes ago

Yes, the SFSU one led to a successful lawsuit, and the Stulman case led to a lawsuit as well, but I do not know how that suit resolved. 

In FIRE's speech code lawsuit program we have thus far had 100% success rate. We are considering expanding that and anyone who wants to help us do that is encouraged to give to FIRE!  https://secure.commonground.convio.com/FIRE/generaldonationform/

Maybe getting sued more often will, at very least, make admins think twice before censoring students!

Greg Lukianoff

Barkha Herman: So what even if it is?

Why is hate speech an issue anyways? · 1 hour ago

Yep, in the U.S., at least, there is no exception to free speech for "hate speech," nor should there be. Trying to spread the word about that even to those who might be a little more sympathetic to the idea of "enlightened censorship" which, to me, is a contradiction in terms. 

Greg Lukianoff
mikesixes: Anti-bullying laws are just bullying by the establishment for the purpose of suppressing anti-establishment speech.  · 52 minutes ago

That is certainly the way so many of these supposedly well-intentioned rules get used!

Greg Lukianoff
Guruforhire: A pro-life student group was not allowed on campus because pro-life displays made some girl feel unsafe and attacked.

Indeed that is happening right now at John Hopkins: http://thefire.org/article/15618.html 

And check out what the student newspaper thinks of free speech!

Greg Lukianoff
david foster: (continued) A better way to have conducted the exercise....

Oh yes, there were many ways to make this point, without bringing up any "right of conscience" or Barnette style concerns. FIRE has always opposed mandatory loyalty oaths or other forced confessions of faith or belief. The fact they used a speech code against this student, just pushed the case into the "completely insane" category. 

Greg Lukianoff
KC Mulville: If great power implies great responsibility, then slight power carries slight responsibility.

Yes, my adaption of Lord Acton's "Absolute Power" quote for campus admins is "absolute power corrupts absolutely, but a little power can corrupt an awful lot, too!"

Greg Lukianoff

Ack, now with essential links added in. 

Greg Lukianoff
10 cents: BTW, the title of the post was confusing because it took some time to realize that Don Down was a name.  At first I thought it was an academic don downing something.  A comma might make it more clear. · 3 hours ago

Thanks 10 cents, I changed it to Donald, which I think would help

Greg Lukianoff
Paul A. Rahe: Don & I were contemporaries as undergraduates at Cornell. Some time ago, he wrote an informative book on what happened there in 1969. Everything that he is fighting against today was visible then. · 8 minutes ago

Yes, we have talked about this book, but I have not yet read it. I am adding it to the ever growing pile.

Greg Lukianoff

Robert Shibley explains a little more about the case and why it concerns us at Forbes:  http://www.forbes.com/sites/realspin/2013/03/12/if-you-work-for-harvard-its-possible-youre-being-watched-by-harvard/

"If a liberal arts education is supposed to be a 'marketplace of ideas,' putting message control above all else is anathema. Students and faculty members must be free to explore ideas and to criticize bad decisions, or the marketplace will not function."

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