Should @POTUS sign an executive order withholding all federal funds from all public universities that do not fully comply with the free speech protections of the First Amendment?
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Replying to @primalpoly @POTUS
No because an exec order such as this would do more harm than good.
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Really? It would be worse than the suppression of free speech? If it came down to it, you’d rather see a university continue to violate the Constitution than see it lose funding?
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No, I think an executive order like this would not actually lessen free speech suppression, but exacerbate it. There are better ways to effect cultural impact than misuse of unilateral tactics like executive order, which exists for different purposes. One way is legislation.
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We don’t need another law. We already have the 1A, which is sufficient. The executive is required to enforce that Constitutional restriction.
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To effectively and legally take steps such as defunding, we likely would need law. Withholding difficult to defend against both judicial and legislative counter because there is little/no establishment that universities are unconstitutional. Your feelings here would not be facts.
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Of course the point wouldn't be to actually withhold funding in a way that the judiciary would later overthrow. It would be to create a credible threat of withholding funding that would spur serious action by campus administrators.
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Ah a fantasy EO that we likely can't craft (nor could anyone). I'm saying if you want power choose statute instead. If you want mind share choose effectiveness on battleground of ideas instead. EO hinders either project and exists to bypass both arenas until next exec comes along
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