Keith Whittington blogged yesterday about the University of Idaho General Counsel's Office letter that said professors were limited in their classroom discussions of abortion, and others have written about it extensively as well. I think there's a lot wrong with the University's position, but I had a slightly different take on it.
[1.] Let's begin with a mostly non-free-speech issue, distribution of condoms (though it's coupled with advertising of condoms, which does raise free speech questions):
During all times that university employees are performing their jobs, the law prohibits them from taking any action, and from using or providing institution funds or facilities, for any of the following: …
- Advertising or promoting services for abortion or for the prevention of conception….
Specific activities that may continue
University employees may, with certain limitations: …
- Provide condoms for the purpose of helping prevent the spread of STDs and not for purposes of birth control.
The university can provide condoms for the purpose of helping prevent the spread of STDs but not for purposes of birth control.
