“An effort from the New York State attorney general’s office to prevent college students from receiving new protections for free speech and due process”
Why are some people so opposed to protections for due process and free speech for college students?
The FIRE Blog reports:
Federal court denies New York’s effort to block new Title IX regulations
An effort from the New York State attorney general’s office to prevent college students from receiving new protections for free speech and due process in Title IX proceedings has run aground in federal court.
On Sunday, District Judge John Koeltl issued an order denying a motion by the state, joined by the New York City school board, for a preliminary injunction that would prevent new Title IX regulations from the U.S. Department of Education from taking effect as scheduled on Friday. The Foundation for Individual Rights in Education filed a friend-of-the-court brief in the case urging this result on July 17.
“We are gratified by this ruling, which means college students are one step closer to having their rights respected in Title IX hearings,” said FIRE Executive Director Robert Shibley. “However, opponents have brought three more lawsuits against these vital new rules, so student rights are not yet out of the woods.”
In his ruling, Koeltl wrote that the State of New York “failed to show that they will likely prevail on their argument that the DOE acted ‘arbitrarily and capriciously’ or otherwise in violation of law when it promulgated the Rule,” and that they were unlikely to succeed on the merits of their claims. He denied their motion for a preliminary injunction that would prevent the rule from taking effect, as well as their request that the effective date of the rule be stayed.
While the ruling means that this court will not prevent the new Title IX regulations from taking effect on Friday, that does not mean the case is over. New York State may appeal this denial of a preliminary injunction. But, even if it does not, litigation over the regulations themselves will continue. Further, Koeltl had previously denied FIRE’s motion to “intervene” and become a party in the case — a ruling FIRE appealed to the Second Circuit.
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