Over at Minding the Campus, Peter Wood writes an important article called “Sexual Harassment–The Feds Go Way Too Far”:
The DOJ/OCR Montana letter is a grab for power. To that extent, it is self-explaining. Opposing sexual harassment is a profession and, to some extent, an industry. The self-interest of the people who make their living opposing sexual harassment lies on the side of lower standards of evidence, broader definitions, and minimization of obstacles to new regulations. Regulatory self-aggrandizement is not a mystery, though it is usually mysterious to the regulators themselves who have a level of difficulty in apprehending their own motives akin to that of anorexics attempting to form an accurate picture of their bodies.
But empire building is only part of the story. The Montana letter is a step in the long progression of feminism towards a surveillance society. Fifteen years ago Daphne Patai in her book Heterophobia: Sexual Harassment and the Future of Feminism diagnosed feminism’s effort to write “a new chapter in the dystopian tradition of surveillance and unfreedom.” Patai saw the coming emphasis on “transparency, whereby one’s every gesture, every thought, is exposed to the judgment of one’s fellow citizens.” OCR is of course far from this level of intrusiveness, but not in spirit.