Obama Administration demands unconstitutional campus speech ...

The Justice Department and the Education Department?s Office for Civil Rights have now effectively defined dating and flirting as ?sexual harassment,? in addition to demanding that colleges adopt unconstitutional speech codes.

The definition is found in a May 9 Title IX Letter of Findings and Resolution Agreement involving the University of Montana.

In a radical departure from Title IX jurisprudence, the federal government declares that ?any? unwelcome sexual speech or other conduct is ?sexual harassment,? regardless of whether it would offend a reasonable person, and regardless of whether it is severe, repeated, or pervasive.

In its findings, it rejected narrower definitions rooted in federal court rulings, declaring that ?sexual harassment should be more broadly defined as ?any unwelcome conduct of a sexual nature.?? (The federal government has also effectively mandated ?unconstitutional speech codes at colleges and universities nationwide,? notes the Foundation for Individual Rights in Education.)

By contrast, the Supreme Court has ruled that to constitute illegal sexual harassment, sexual advances or other verbal or physical conduct must be severe and pervasive, create a hostile environment, and be ?objectively offensive? to a ?reasonable person.? See, e.g., Davis v. Monroe County Board of Education (1999). According to the Supreme Court, isolated instances of trivially offensive sexual speech are not illegal, and are not considered ?sexual harassment? in even the broadest possible sense: that is, the ?harassment? you are entitled to complain about under federal anti-retaliation laws, which allow employees to sue when they are disciplined for reporting what they in good faith believe to be sexual harassment, even if isn?t actually bad enough to be illegal. See Clark County School District v. Breeden (2001). If speech is not offensive to a reasonable person, it cannot even fall into the general category of ?sexual harassment.?

The definition of ?sexual harassment? that the federal government demands that the University of Montana adopt is far broader than the sexual harassment policies declared unconstitutionally overbroad by federal appeals courts in DeJohn v. Temple University, Saxe v. State College Area School District, and McCauley v. University of the Virgin Islands, which made clear that there is no ?sexual harassment? exception to the First Amendment.

The University of Montana applied federal definitions of sexual harassment, that exclude trivially offensive conduct and things that do not offend reasonable people, in its college sexual harassment policy. The Justice and Education Departments took issue with this, saying that conduct, or isolated instances of speech on sexual topics, can be harassment even if ?it is? not ?objectively offensive?:

Sexual Harassment Policy 406.5.1 improperly suggests that the conduct does not constitute sexual harassment unless it is objectively offensive. This policy provides examples of unwelcome conduct of a sexual nature but then states that ?[w]hether conduct is sufficiently offensive to constitute sexual harassment is determined from the perspective of an objectively reasonable person of the same gender in the same situation.? Whether conduct is objectively offensive is a factor used to determine if a hostile environment has been created, but it is not the standard to determine whether conduct was ?unwelcome conduct of a sexual nature? and therefore constitutes ?sexual harassment.? . . . sexual harassment should be more broadly defined as ?any unwelcome conduct of a sexual nature.? (Findings at pg. 9)

It also made very clear that this broad rule reaches speech ? ?verbal conduct? ? not just physical conduct:

Sexual harassment is unwelcome conduct of a sexual nature⁷ and can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. (Findings, pg. 4)

Findings (May 9 letter), at pg. 4, http://www.justice.gov/opa/documents/um-ltr-findings.pdf

In short, sexual harassment is defined to include ?any? speech or other verbal conduct even if it would not offend a reasonable person, but rather only is offensive from the subjective viewpoint of a hypersensitive person. Making a sexual or racial harassment policy entirely subjective makes it unconstitutionally vague on its face. See Dambrot v. Central Michigan Univ., 55 F.3d 1177 (6th Cir. 1995) (racial harassment policy void for vagueness where it required ?subjective reference?); Cohen v. San Bernardino Valley College, 92 F.3d 968 (9th Cir. 1996) (voiding harassment policy as applied to professor?s speech on vagueness ground; policy must provide fair notice).

Banning all sexual speech that is offensive to any listener would effectively ban sex education and sexual humor, making every sex education class ?sexual harassment? when it offends a squeamish student.

Some students are made uncomfortable by such topics: for example, sexual harassment charges were unsuccessfully brought after sex educator Toni Blake told a joke while demonstrating a condom. Unlike the Education Department, the courts have rejected the idea that such humor inherently constitutes ?sexual harassment.? See Brown v. Hot, Sexy & Safer Products, Inc., 68 F.3d 525 (1st Cir. 1995) (students sued over comments in sex education class; court ruled that since sexual speech must be ?severe? or ?pervasive? and create ?hostile environment? to constitute sexual harassment, the lawsuit should be dismissed; it ruled that sexual humor in the sex education lecture about ?erection wear? and anal sex was not enough for liability, since a reasonable person would not have viewed the comments as intended to harass); Black v. Zaring Homes, 104 F.3d 822 (6th Cir. 1997) (jokes about ?sticky buns? were not bad enough to constitute sexual harassment, despite being unwelcome.).

Defining ?any? romantic overture or sexual speech as ?harassment? based purely on subjective reactions has dire implications for dating. It defines a single, unrepeated, civil request to go out on a date as ?sexual harassment? even if the requester never makes the request again after learning that it was ?subjectively? unwelcome.

That may effectively ban dating (since no one is a mind reader, and the whole point of asking someone out on a date is because you don?t know before asking whether they would be interested without first asking). Such a de facto ban on dating violates freedom of intimate association. Even banning dating between certain people can violate freedom of intimate association; here, the definition would define all offers to go out on a date as potentially sexual harassment unless the offerer is omniscient. See Wilson v. Taylor, 733 F.2d 1539, 1544 (11th Cir. 1984) (appeals court ruled that freedom of intimate association was violated by restriction on public employee dating a single individual, the relative of a criminal suspect.).

Perversely, the government suggests that punishment may be required BEFORE a disciplinary hearing, reminiscent of Alice in Wonderland?s ?sentence first, verdict afterwards?:

a university must take immediate steps to protect the complainant from further harassment prior to the completion of the Title IX and Title IV investigation/resolution. Appropriate steps may include separating the accused harasser and the complainant, providing counseling for the complainant and/or harasser, and/or taking disciplinary action against the harasser.

Letter of Findings (May 9, 2013) (boldface added), at pg. 7, http://www.justice.gov/opa/documents/um-ltr-findings.pdf.

A passage on page 2 of the settlement may affect social conservatives. Its demand conflicts with Saxe v. State College Area School District, 240 F.3d 200 (3d Cir. 2001), which struck down a harassment policy challenged by an Evangelical Christian because it forbade certain criticism of homosexuality. It implies that the same zero-tolerance standard that applies to sexual speech and dating requests also applies to speech about the transgendered or LGBT people:

The term ?gender-based harassment? means non-sexual harassment of a person because of the person?s sex and/or gender, including, but not limited to, harassment based on the person?s nonconformity with gender stereotypes.

See pg. 2, Resolution Agreement (May 9, 2013), http://www.justice.gov/crt/about/edu/documents/montanaagree.pdf.

While it defines a vast array of innocuous human speech and activity as ?sexual harassment,? the federal government then sends contradictory signals about whether a university may have the discretion not to formally punish students for some of it, at least if it is not repeated. First, it states in footnote 11 of its Findings that ?If the University is defining ?sexual harassment? as conduct that creates a hostile environment because a student or employee may face disciplinary consequences upon a University finding that sexual harassment occurred, then the University should clarify its discipline practices rather than define ?sexual harassment? too narrowly, which will likely discourage students from reporting sexual harassment until it becomes severe and pervasive.?

But then, on page 22, it condemns the the University of Montana for stating (in a verbatim quote, by the way, from the Education Department?s own 1997 definition of ?sexual harassment?) in its university harassment policy that ?conduct becomes sexual harassment when it is ?sufficiently severe or pervasive?to ?unreasonably? interfere with a person?s work or educational performance.? The federal government complains that ?this is the standard for hostile environment ? not the definition of sexual harassment. Sexual harassment is unwelcome conduct of a sexual nature,? and it says that not recognizing that sexual harassment could include non-severe conduct that does not offend a reasonable person supposedly violated the University?s duty to apply ?the appropriate legal standards.?

This pressure to punish people for speech that does not offend a reasonable person, and is neither severe nor pervasive, casts a dark cloud over academic freedom and the ability to discuss and debate important topics that are offensive to some listeners.

The government?s attempt to define ?sexual harassment? in purely subjective terms runs afoul of the Supreme Court?s admonitions that behavior which is not ?objectively offensive,? and does not offend normal people, is not ?harassment? at all, and is entirely beyond the purview of sexual-harassment law, even if it involves ?intersexual flirtation.? See Oncale v. Sundowner Offshore Services, 523 U.S. 75, 81 (1998) (?The prohibition of harassment on the basis of sex requires neither asexuality nor androgyny in the workplace; it forbids only behavior so objectively offensive as to alter the ?conditions? of the victim?s employment. ?Conduct that is not severe or pervasive enough to create an objectively hostile or abusive work environment-an environment that a reasonable person would find hostile or abusive-is beyond Title VII?s purview.?. . .We have always regarded that requirement as crucial . . . to ensure that courts and juries do not mistake ordinary socializing in the workplace-such as . . . intersexual flirtation-for discriminatory ?conditions of employment.?), quoting Harris v. Forklift Systems, 510 U.S. 17, 21 (1993), citing Meritor Savings Bank v. Vinson, 477 U.S. 57, 67 (1986).

Source: http://libertyunyielding.com/2013/05/11/obama-administration-demands-unconstitutional-campus-speech-codes-defines-college-dating-and-flirting-as-sexual-harassment/

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Minnesota set to be 12th state to allow gay marriage

ST. PAUL, Minn. (AP) ? A pivotal vote Thursday in the Minnesota House positioned that state to become the 12th in the country to allow gay marriages and the first in the Midwest to pass such a law out of its Legislature.

The 75-59 vote was a critical step for the measure, which would allow same-sex weddings beginning this summer. It's a startling shift in the state, where just six months earlier voters turned back an effort to ban them in the Minnesota Constitution.

The state Senate plans to consider the bill Monday and leaders expect it to pass there too. Gov. Mark Dayton has pledged to sign it into law.

"My family knew firsthand that same sex couples pay our taxes, we vote, we serve in the military, we take care of our kids and our elders and we run businesses in Minnesota," said the bill's sponsor, Rep. Karen Clark, a Minneapolis Democrat who is gay. "... Same-sex couples should be treated fairly under the law, including the freedom to marry the person we love."

Hundreds of supporters and opponents gathered outside the House chamber up to and during the debate, chanting and waving signs. They sang "We Shall Overcome" and a John Lennon song in the minutes before the vote.

Four of the House's 61 Republicans voted for the bill, while two of its 73 Democrats voted against it.

Opponents argued the bill would alter a centuries-old conception of marriage and leave those people opposed for religious reasons tarred as bigots.

"We're not. We're not," said Rep. Kelby Woodard, R-Belle Plaine. "These are people with deeply held beliefs, including myself."

Pro-marriage demonstrators filled the hallways outside the House chambers, some dressed in orange T-Shirts and holding signs that read, "I Support The Freedom to Marry." Behind them, opponents held up bright pink signs that simply read, "Vote No."

Among the demonstrators was Grace McBride, 27, a nurse from St. Paul. She said she and her partner felt compelled to be there to watch history unfold. She said she hopes to get married "as soon as I can" if the bill becomes law. The legislation would allow her to do so starting Aug. 1.

"I have thought about my wedding since I was a little girl," she said.

On the other side of the divide, the Rev. Steve Goold of New Hope Church led followers in a morning prayer before they set out to lobby lawmakers. He told them they had the power to change minds, but urged them to be respectful.

"Do not shout and boo. Pray," Goold said. Galina Komar, a recent Ukrainian immigrant who lives in Bloomington, brought her four-year-old daughter and one-year-old son to the Capitol to express her religious concerns.

"I do believe in God, and I believe God already created the perfect way to have a family," Komar said.

But gay marriage supporters also boasted faith leaders in their ranks.

"I've celebrated marriages for same-sex couples, but I've never been able to sign a marriage license for any of them," said the Rev. Jay Carlson, pastor at a Minneapolis Lutheran church. "I look forward to the day when I can."

Eleven other states allow gay marriages ? including Rhode Island and Delaware, which approved laws in the past week. Minnesota would be the first state in the Midwest to pass the measure out of the Legislature.

Iowa allows gay marriages because of a 2009 court ruling. Leaders in Illinois ? the only Midwestern state other than Minnesota with a Democratic-led statehouse ? say that state is close to having the votes to approve a law too.

But most other states surrounding Minnesota have constitutional bans against same-sex weddings, so the change might not spread to the nation's heartland nearly as quickly as it has on the coasts and in New England.

The Minnesota push for gay marriage grew out of last fall's successful campaign to defeat a constitutional amendment that would have banned it. Minnesota became the first state to turn back such an amendment after more than two dozen states had passed one over more than a decade.

The same election put Democrats in full control of state government for the first time in more than two decades, a perfect scenario for gay marriage supporters to swiftly pursue legalization. They tapped the cross-section of citizens, businesses, churches and others who spoke out against the amendment and staged rallies as part of a lobbying effort to build support.

The bill cleared committees in both chambers in March, and with a succession of national polls showing opposition to gay marriage falling away nationally.

"There are kids being raised by grandparents, single parents, two moms or two dads," said Rep. Laurie Halverson, a Democrat from the Twin Cities suburbs. "Some of those folks are my friends. And we talk about the same things as parents. We talk about large piles of laundry, and how much it hurts to step on a Lego. That's what we do, because we're all families."

Source: http://news.yahoo.com/minn-house-approves-gay-marriage-12th-200825261.html

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Hanford Nuclear Waste Vitrification Plant "Too Dangerous"

Noryungi writes "Scientific American reports, in a chilling story, that the Hanford, Washington nuclear waste vitrification treatment plant is off to a bad start. Bad planning, multiple sources of radioactive waste, and leaking containment pools are just the beginning. It's never a good sign when that type of article includes the word 'spontaneous criticality,' if you follow my drift..." It seems the main problem is that the waste has settled in distinct layers, and has to be piped through corroded old tubes, leading to all sorts of exciting problems (e.g. enough plutonium aggregating to start a reaction).

Source: http://rss.slashdot.org/~r/Slashdot/slashdotScience/~3/67ZKvEIVp_c/story01.htm

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SKorea's central bank cuts key rate to 2.5 percent

SEOUL, South Korea (AP) ? South Korea's central bank on Thursday cut its benchmark interest rate for the first time in seven months, joining government efforts to boost the export-reliant economy as manufacturers such as Hyundai Motor Co. face tougher competition from Japanese rivals boosted by the weakening yen.

The quarter percentage point cut in the official policy rate to 2.5 percent comes after South Korea's parliament earlier this week approved $15.3 billion of stimulus spending through an extra budget.

Bank of Korea Governor Kim Choong-soo said the interest rate cut was intended to "maximize the effect of the extra budget."

Other central banks are also lowering borrowing costs to spur lending and growth amid an uncertain outlook for the global economy. Europe, India and Australia reduced key interest rates this month while the Bank of Japan and the U.S. Federal Reserve are engaged in an unprecedented expansion of their domestic money supplies.

The South Korean rate cut was a surprise to financial markets. Most analysts expected the central bank to leave interest rates unchanged after Kim said in April that the economy was on track for slow recovery and the central bank's monetary policy stance was already supporting growth.

Kim expressed concerns about the Japanese yen's fall against the U.S. dollar and other currencies, which hurts South Korean exporters that compete with Japanese companies in overseas markets.

In support of Tokyo's economic revival plans, Japan's central bank is aiming to double the money supply over the next two years to end a prolonged and debilitating spell of deflation in the world's third-largest economy. The yen has dropped about 20 percent against the dollar since late 2012.

The weaker yen is taking its biggest toll on South Korea's steel and auto industries. Japan's steel exports grew 10.7 percent in the first quarter over a year earlier while exports of South Korean steel declined 10.6 percent in the same period, according to the Korea International Trade Association.

In the auto industry, Toyota Motor Corp. said the yen boosted operating profit by 150 billion yen ($1.5 billion) in its business year ended March 2013. Most of that gain would have come in the January-March final quarter of the fiscal year when the yen's fall gathered pace.

Hyundai Motor, South Korea's largest automaker, reported a 15 percent drop in earnings for the first three months of this year from over a year earlier. Hyundai blamed lower vehicle production at local factories, but said the yen's slide was a concern because Japanese automakers could aggressively lower prices of their cars to erode Hyundai's share in the low- to mid-end markets.

"So far the yen's problem is not only that its slide is wide but also that its change is too rapid. It threatens the stability in the market," Kim said. "We don't see that the yen's slide has stopped."

South Korea's economy will continue to improve at a moderate pace but the possibility of a further slide in the yen is a risk that could hurt growth, the central bank said in a statement.

South Korea's government reduced its growth forecast for the country to 2.3 percent in March from 3.0 percent, citing the impact of the yen on the economy. Growth in 2012 slowed to a three-year low.

Exports edged up 0.4 percent in April from over a year earlier thanks largely to the increased shipments of electronics. But factory investments turned lower and domestic demand remained weak as companies are still reluctant to boost spending.

Kim said the bank expects the May rate cut to add 0.2 percentage point to South Korea's economic growth this year.

Source: http://news.yahoo.com/skoreas-central-bank-cuts-key-rate-2-5-035720685.html

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No holes in Swiss online networking theory

Public release date: 9-May-2013
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Contact: Albert Ang
press@inderscience.com
Inderscience Publishers

Often, it's not what you know, but who you know when it comes to business and research success and that still applies even in the age of online social networking, according to results to be published in the International Journal of Organisational Design and Engineering.

Peter Gloor, Pierre Dorsaz, Hauke Fuehres and Manfred Vogel of the MIT Center for Collective Intelligence, in Cambridge, Massachusetts have compared the success of startup entrepreneurs and innovators with their activity on the social networking sites LinkedIn and Facebook as well as email networks including swissnex Boston, which acts as a US-based science and technology outpost to connect Swiss and US entrepreneurs and academics. Specifically, they focused on entrepreneurship-coaching programs and found that those people more centrally positioned in the various types of network, tended to be the more successful players in business and research. As one might expect, proximity within the networks to other successful people also correlated with their success.

Interestingly, however, the even more successful members of the networks analyzed tended to have an affiliation or were alumni of the prominent research center ETH Zurich. This confirmed the value of pre-existing social capital acquired while attending such an academic institution, the team suggests. In practical terms, they believe their detailed findings have wider implications for entrepreneurs, venture capitalists, academics and those finding ways to connect these people.

The received wisdom suggests that academic alumni associations and business networking organizations do help startup entrepreneurs become successful, but little quantitative and qualitative research has been carried out previously to demonstrate this idea one way or the other. Gloor and colleagues put the notion on a much firmer theoretical footing and allude to the synergistic effects that might arise between the various offline and online connections individuals make. The team concludes that because online social networking appears to be an efficient tool for business networking, hubs, mentoring organizations and other networks should fully integrate their online presence into their offering in order to support network building between entrepreneurs and academics as part of their so-called mission statement.

###

"Choosing the right friends predicting success of startup entrepreneurs and innovators through their online social network structure" in Int. J. Organisational Design and Engineering, 2013, 3, 67-85

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AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Public release date: 9-May-2013
[ | E-mail | Share ]

Contact: Albert Ang
press@inderscience.com
Inderscience Publishers

Often, it's not what you know, but who you know when it comes to business and research success and that still applies even in the age of online social networking, according to results to be published in the International Journal of Organisational Design and Engineering.

Peter Gloor, Pierre Dorsaz, Hauke Fuehres and Manfred Vogel of the MIT Center for Collective Intelligence, in Cambridge, Massachusetts have compared the success of startup entrepreneurs and innovators with their activity on the social networking sites LinkedIn and Facebook as well as email networks including swissnex Boston, which acts as a US-based science and technology outpost to connect Swiss and US entrepreneurs and academics. Specifically, they focused on entrepreneurship-coaching programs and found that those people more centrally positioned in the various types of network, tended to be the more successful players in business and research. As one might expect, proximity within the networks to other successful people also correlated with their success.

Interestingly, however, the even more successful members of the networks analyzed tended to have an affiliation or were alumni of the prominent research center ETH Zurich. This confirmed the value of pre-existing social capital acquired while attending such an academic institution, the team suggests. In practical terms, they believe their detailed findings have wider implications for entrepreneurs, venture capitalists, academics and those finding ways to connect these people.

The received wisdom suggests that academic alumni associations and business networking organizations do help startup entrepreneurs become successful, but little quantitative and qualitative research has been carried out previously to demonstrate this idea one way or the other. Gloor and colleagues put the notion on a much firmer theoretical footing and allude to the synergistic effects that might arise between the various offline and online connections individuals make. The team concludes that because online social networking appears to be an efficient tool for business networking, hubs, mentoring organizations and other networks should fully integrate their online presence into their offering in order to support network building between entrepreneurs and academics as part of their so-called mission statement.

###

"Choosing the right friends predicting success of startup entrepreneurs and innovators through their online social network structure" in Int. J. Organisational Design and Engineering, 2013, 3, 67-85

---

[ | E-mail | Share ]

?

AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Source: http://www.eurekalert.org/pub_releases/2013-05/ip-nhi050913.php

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Tracking Severe Weather Chances for North Texas

Severe storms breaking out across West Texas up into Kansas.? These storms will be moving eastward this evening and may affect areas NW of DFW later tonight.

RADAR AT 4PM ? Severe Thunderstorm Watch well west of DFW until 11pm

THIS EVENING / OVERNIGHT

A few of the storms that develop out to the west may hold together long enough to bring scattered showers and storms to areas north of DFW between 10pm and 3am.

TOMORROW

Thursday will be our best chance of seeing showers and thunderstorms.? Some of the storms will be severe with large hail and gusty winds.?Below is the slight risk area for tomorrow and tomorrow night.

SEVERE RISKS ? Large hail and gusty winds are the main threat.? The tornado threat is low, but not at zero.

RAIN CHANCES

THIS EVENING ? Storms will stay mainly NW of DFW.? Some may get close into Denton and Collin County after midnight.

TOMORROW ? Numerous showers and thunderstorms develop around North Texas.? Some could be severe especially in the afternoon and evening.

THURSDAY NIGHT ? Storms will likely come together in a line and move east.? The line could still produce severe weather especially in the evening on Thursday.

FRIDAY - Scattered showers and thunderstorms will be possible especially for areas south of I-20.

ANOTHER LOOK AT RAIN CHANCES

7-DAY FORECAST

Source: http://dfw.cbslocal.com/2013/05/08/tracking-severe-weather-chances-for-north-texas/

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Jay-Z?s new sports agency to sign Neymar?

Neymar and (right) Jay-Z.

Image: Press Association Images

ACCORDING TO A report in the Spanish newspaper,?Sports,?Jay-Z?s new sports agency has set its sights beyond the traditional four major North American sports and is hoping to sign Brazilian soccer star Neymar and UFC champion Jon Jones (via Yahoo! Sports).

German Cardoso of?Sports reports that Jay-Z and his Roc Nation Sports agency, are targeting several Brazilian soccer players, with the most prominent being Neymar, the 21-year-old forward that is considered by many to be the next great South American soccer player.

In addition, the report states that Jay-Z wants to sign Jon Jones, the current UFC light heavyweight champion. Jones, brother of?NFL players Arthur and Chandler Jones, recently defended his title in a victory over Chael Sonnen.

But the big splash would certainly be Neymar, who is expected to join soccer superpower Barcelona of Spain?s La Liga later this year.

Neymar and Jones would join Robinson Cano of the?New York Yankees and Skylar Diggins of the WNBA in a quickly growing sports agency power.

Lingerie Football League tryouts to be held in Dublin this month

Colin Kaepernick teaches Michelle Obama the art of Kaepernicking

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Source: http://thescore.thejournal.ie/neymar-jay-z-agent-roc-nation-899610-May2013/

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