My question involves civil rights in the State of: Idaho
My public university made a policy that threatens to defame and expel any student who breaks it by exercising their free speech. I'm so upset about the threat that my grades declined and I withdrew from my classes, but am still signed up for the fall.
1. If I drop those classes, will I immediately lose standing to sue for injunction?
2. I believe my school, like thousands of others, is bowing to threats by federal administrators. Should I sue my school in state court or federal court? (I suspect I don't have standing to challenge the federal administrators directly).
3. Would I likely have standing under the chilling effect doctrine?
4. If forcing my school to change its policies puts it at risk of liability from federal administrators, should I just bow out, or am I doing a good thing by challenging this?
My school says that when two students are kissing each other, they must ask permission for each kiss. The previous kiss does not constitute consent. If they don't ask, that does not mean the school will punish them. But if one of them complains, they will ask the other if they asked permission for that kiss and got a yes. If they say no, they get suspended for sex misconduct. Some students got their names in the paper, though the school denies involvement there.
I should not have to ask permission 50 times. I met with administrators and asked if their policy really meant what I think it does. They said yes. They want students to ask. I told them that violates my free speech and freedom of association. I should only have to ask the first time, and then pay attention for signs of likely future welcomeness, not certain future welcomeness to the specific action. I'm OK with asking before penile penetration, but not for every other kind of touch 50 times.
If I date, I must either ask 50 questions until my date kicks me out, or I must know that she can have me expelled and branded for sexual assualt if she wants to. The Department of Justice has also defined sexual assault as any sexual touch without explicit consent. To know you have it, you must ask in advance, otherwise you take a risk. For now I've chosen to not date at all, rather than be forced to choose between the 2. It made me angry. No one follows those rules, yet they threaten to enforce them and do for the unlucky.
5. Is this unconstitutional? I would love to set a federal precedent striking them all down, but will settle for just my state.
The justification is that requiring students to get consent first prevents sexual assault. The problem I see with that reasoning is that rapists will just claim they asked for and got consent at every state. The Stanford swimmer claimed just that. Luckily there were witnesses to prove otherwise. All this rule does is control the speech of those who are not sexually assaulting anyone.