Each week, the list of celebrities accused of sexual assault seems to grow longer. Bill Cosby, Bill O'Reilly, and now Harvey Weinstein are just a few of the mighty who have fallen from grace. But while none of these three men has yet to be officially convicted of a crime, the market's retribution has been swift. O'Reilly lost his show, Weinstein lost his job, and Cosby lost his reputation as the benign, sweater-wearing father figure that America so loved. On college campuses, criminal proceedings are being jettisoned (for different reasons) in favor of Title IX discrimination hearings, which lower the standard for guilt to a "preponderance of evidence." Reason Magazine's Robby Soave has documented numerous instances in which campus tribunals have functioned as kangaroo courts – ruining the lives of innocent men and women under the banner of civil rights.
Of course, it goes without saying that sexual harassment deserves to be treated seriously. Richard Epstein returns to the show to bring his full intellect to bear on this hairy subject. He and Bob will discuss the threat to free speech posed by the Federal Government's broad guidelines on harassment issued to universities under Title IX legislation. They seek to define appropriate remedies for sexual harassment, and the market's role in punishing bad behavior. Bob will ask what culpability the enablers of sexual harassment possess for saying nothing when "everyone knew" about certain individuals' abusive behavior. Finally, Epstein will explain how anti-discrimination legislation often creates new forms of discrimination. It's time for an adult conversation about sexual harassment.
The Libertarian | Hoover Institution Podcast hosted by Richard Epstein
The Case against the Employee Free Choice Act (Hoover Institution Press, 2009)