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dcrazy a day ago

No it doesn’t. The First amendment is supposed to prevent the government from conditionalizing access to government services based on the speech of the recipient. Private institutions are not subject to such restrictions. If we want to encourage academic freedom, we want to find this behavior by the government to be illegal.

nickff a day ago | parent | next [-]

If you're going to resort to Constitutional arguments, you shouldn't gloss over the fact that the federal government is supposed to be one of enumerated powers, and there's no 'bribing universities to do what you want' federal power.

geonineties 19 hours ago | parent [-]

Unfortunately, that's not true. Article 1 gives congress very broad budgetary powers. Basically congress can spend money how they want, including bribing universities.

nickff 6 hours ago | parent [-]

It depends on your understanding of Article 1 Section 8:

>"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"

What does "general Welfare" mean in this context? Are those words just meaningless filler, or should they be interpreted to indicate that the spending must be in furtherance of another specifically enumerated power? I believe the latter (Madisonian take), but this is a contentious subject:

https://en.wikipedia.org/wiki/Taxing_and_Spending_Clause#Gen...

tguedes 5 hours ago | parent | prev | next [-]

I don't think the first amendment protects this. The first amendment protects against prosecution from speech. In this case, they are not being prosecuted, they are just being denied funding. Where are you getting that the "First amendment is supposed to prevent the government from conditionalizing access to government services based on the speech of the recipient." It does not state that at all

insane_dreamer a day ago | parent | prev [-]

> we want to find this behavior by the government to be illegal

of course we do - but we're sadly discovering how easy it is for the government to target and coerce these universities, with nobody stepping up to stop them

dcrazy a day ago | parent [-]

So we want universities to get their funding from private sources that are expressly entitled to impose the same kind of conditions? Or do we want universities to spend more time and overhead on cobbling their funding together from a large number of intellectually and morally diverse sources? Where will these sources get their money without the power of taxation?