Title VI declares that recipients of federal financial assistance cannot discriminate based on race, color or national origin.
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He then notes that in the aftermath of the killing of Michael Brown, George Floyd and Breonna Taylor, Title VI should have been utilized to hold law enforcement agencies accountable and withhold “funding from agencies involved in such conduct.” “The Department of Education , which enforces Title VI, has made clear in its recent guidance that university administrators are right to be concerned about their Title VI liability if they fail to take what the department views as adequate steps to regulate how students speak to one another, not only one-on-one but when they engage in collective protest and symbolic action,” Douek and Lakier write.
Douek and Lakier warn that there is “good reason to worry that the DOE, in its recent efforts to enforce Title VI in the context of the campus protest movement, may be violating the important First Amendment rule against jawboning — that it may be leveraging its power to regulate discrimination on campuses to get universities to crack down on protected student and faculty speech by threatening them with legal sanctions or investigations if they do not comply.
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