David French: Deference? Do they really deserve it?

ADF Attorney David French writing at Speak Up Movement / University: In the aftermath of CLS v. Martinez, we’ve been seeing quite a bit of discussion about ‘deference’ — the idea that courts should give public universities wide room to make its own decisions. As Charlotte Allen so ably noted, a distorted concept of deference has been applied to ratify extreme forms of viewpoint discrimination and is now being used to try to insulate even speech codes from constitutional scrutiny.