The Sixth Circuit Court of Appeals is being invited to invalidate the entire field of hostile environment harassment law. One cannot confidently predict that the invitation will be declined. If the plaintiff in Meriwether v. The Trustees of Shawnee State University prevails, teachers at public colleges will have a constitutional right to subject their students to bigoted slurs. Much of anti-discrimination law would be deemed unconstitutional.
I explain in a new column at The Hill, here.