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by JumpCrisscross 434 days ago
How is this relevant?
1 comments

It's relevant to the current administration going after universities.
Columbia is a private entity directly contracting with the federal government. This isn’t a states’ rights issue.
That's not necessarily true. There's a whole body of law surrounding when the federal government can and cannot engage in quid pro quo withholding a federal funds. Much of it was litigated with respect to the withholding of highway funds in exchange for compliance with Federal blood alcohol limit standards and the like.

Much of it was re litigated with respect to title IX educational compliance.

I can't speak to specifics, but my understanding is that there are limitations on the withholding of funding and it must be directly tied what the funds are actually being used for.

As you say, Columbia is a private entity, so that is a major distinction. However, there's also a body of law around selective punishment for speech. An example of this came up when the White House selectively punished the AP because it did not like the content of its speech.

To be clear, I’m not saying what Trump is doing is legal. I’m just saying it’s torturous to twist it into a states’ rights issue.
It's not about rights, it's about funding. If the universities don't take federal $$, they can't get told what to do by the federal government.

Taking the aid $$ is accepting soft power. Same as with foreign aid.