Call me a constitutional purist but I never understood how the Federal government can regulate speech in the workplace nullifying the 1st Amendment there. But Republicans went along with this idea terrified of women's votes, and this is what it naturally leads to eventually.
Back to rape, There was a criminal rape case here in Maryland where the man accused of rape was given consent by the woman, but she withdrew the consent in the middle of the act. Her claim was it was rape because the man didn't immediately stop the act. The grand jury didn't buy it, and the feminists were outraged, said :”the men just dont get it” and said they wanted the law strengthened, I am surprised Pelosi didnt add it into her Lilly Ledbetter Fair Pay Act .
In fact, moonbat colleges have lost a lot of 1st amendment court cases, but they keep passing unconstitutional speech codes. Obviously, it's easier and cheaper to apologize and bow to Nazis than to try to appeal to the SCOTUS.
And the GWB Dept. of Education was better than it is under Obama:
Indeed, the problem whirled out of control so badly that in 2003 (under different leadership), OCR made it clear that its attempts to stamp out real harassment could not be used as an excuse for universities to pass speech codes that punish merely offensive speech. OCR explained that the First Amendment categorically made it impossible for OCR to require universities, whether public or private, to pass codes that punish protected speech. The 2003 letter did an excellent job of taking away from universities the ability to invoke the government made me do it argument when they passed their speech codes. This did not stop universities from passing speech codes, but the 2003 letter may have been in part responsible for the slight decrease in campus speech codes in the past several years.
The 1st Amendment should not disappear because of a presidential election. But Obama has has attacked American values in so many ways, it's difficult to defend against all of them. The folks are worried about jobs and gas prices. It's hard enough with GOP administrations.
Why couldn't GWB withhold funds from colleges that have unconstitutional speech codes? They would say that only the courts can decide what is constitutional. Obama's education department withholding funds from colleges that don't discipline students for allegedly looking at a woman the wrong way? That's different.