, handed down on June 29th, America’s Supreme Court has finally laid affirmative action to rest. University administrators will surely be weeping at the grave. But what these administrators fail to appreciate is that they themselves may be accomplices in the doctrine’s demise. Their weapon of choice was an unusual one: trampling free speech on campus by enacting speech codes, showing bias against students with disfavoured views and disinviting controversial speakers.
There’s no question that when it comes to muzzling free speech, Harvard is one of the worst offenders. I can speak to this personally, as a member of the committee tasked with finding a replacement for Lawrence Summers—the popular dean who was forced to resign in 2006, in part for expressing the unacceptable view that there might be a biological basis for gender-based differences in intelligence.
How, then, can Harvard claim that robust campus debate is such a compelling interest that the university should be able to take the extraordinary measure of discriminating against Asian-American applicants on the basis of their race? It can’t. At least not with a straight face.
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