DOJ investigation into University of Washington over off-campus bake sale is a recipe for trouble

The Department of Justice announced a civil rights investigation into the University of Washington purportedly because an unrecognized student group — a group whose access to campus UW “permanently revoked” last year based on conduct violations — planned an off-campus bake sale to benefit “Lebanese resistance.” 

The following statement can be attributed to FIRE Lead Counsel for Government Affairs Tyler Coward:

Holding UW responsible for the actions of an off-campus group would stretch federal civil rights law far past its lawful bounds. The federal government is not empowered to demand universities serve as roving monitors of private off-campus expression, and it recognized as much in its 2020 Title IX regulations. 

The Supreme Court likewise made clear that institutional responsibility relies on control over the actors and the setting. UW has no such control over an off-campus bake sale. Unless there are other allegations, this investigation should end.