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We do have a longstanding general philosophy that top-down or one-size fits all approaches are not the ideal. We have always had a grassroots, bottom-up style strategy. Insiders reforming our own departments, institutions, fields -- which is why we are a membership organization.
If SCOTUS made an exceptionally clear ruling in favor of campus free speech for public universities, that was legally binding & actively enforced, would @HdxAcademy reject that as too 'top-down'?
What was the "Dear colleague" letter? Top or bottom?
Neither. It was a bureaucratic mandate from the middle.
Again, such a ruling, as you described it, would have a different kind of legitimacy than the tactic under question and the circumstances under which it was announced. And that matters in terms of its practical effects in the world, the culture part. But to answer in short:
The rough position would be that there is no way around the culture. Even the Supreme Court cannot magic wand mandate a solution to this problem. It will only come about if/ when faculty, students, etc. choose to engage with others in good faith, w/ charity, etc.
Free speech isn't top down. Its fundamental. About as bottom as bottom up begins.
That’s not true. And it can be seen in the offices of diversity and inclusion, which are institutional, government mandated, and play a key role in censuring speakers, as well as threatening students and profs (Wilfrid Laurier style).
The Supreme Court is limited to presented cases and provides nuance to clear errors. Executive orders (and Dear Colleague letters) must be broad, general and therefore open to abuse and misinterpretation. That's before we even get to the wording. Here, the medium matters
If you accept the seperation of powers, I hope so.
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