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by rayiner 392 days ago
It would be easier for universities like Harvard to just stop violating the civil rights laws: https://manhattan.institute/article/harvards-civil-rights-vi...

Harvard may prevail on some of its challenges to the administration. But the gaping hole in its defense is that Title VI, by design, uses the threat of revoking federal money to regulate behavior in ways that would otherwise raise first amendment concerns. The Supreme Court is never going to rule that universities can invoke the first amendment as a shield against Title VI allegations, because that would gut the civil rights laws. If universities could, for example, engage in race conscious practices to increase diversity while still retaining federal funding, they could also engage in race conscious practices to decrease diversity while retaining federal funding.

The government, as a grant maker, obviously doesn’t have to provide federal funds to say neo-nazis. And if that’s true, it follows that the government can withhold federal funds based on any ideological disagreement. These organizations are of course free to say whatever they want, but the government doesn’t have to fund it!