The topic of sexuality is subject to the same principles of academic freedom as any other topic. Sexual harassment is wrong because it is harassment, not because it is sexual.

At the intersection of equality and liberty lie many hard cases that require careful consideration of complex evidence and subtle balancing of competing rights. But this is not one of them. If I were the OCR I would listen to the ACLU and uphold free expression at Berkeley.

The Foundation for Individual Rights in Education (FIRE) has published a second edition of its outstanding Guide to Free Speech on Campus, one of its five Guides to Student Rights on Campus. Every college student should read this book.

Colleges are all over the map when they try to come up with their own definitions of sexual harassment. Our research has found hundreds of distinct formulations and examples, a large number of which are unconstitutional.