EUGENE VOLOKH REMINDS GEORGETOWN LAW SCHOOL THAT it might face penalties for “political discrimination” against Ilya Shapiro under DC Law. “If Georgetown were to interpret its policies on discrimination and harassment as forbidding tweets that are seen as offensive or derogatory to particular racial groups, then I think it would be bound to apply the same rules to future tweets that are seen as offensive or derogatory to people who belong to or endorse any political party as well. I don’t think the policies should be thus interpreted, and in particular I don’t think the Ilya Shapiro tweet should be seen as violating those policies. But if they are thus interpreted, then that would have to cover future public statements by other Georgetown faculty related to political party (and, of course, religion) as well as race or sex.”

UPDATE: Eugene emails: “My apologies for not being clear, but I don’t think Georgetown would face political discrimination claims if it fired Shapiro – rather, if it fired Shapiro on the theory that his post was “discrimination” or “harassment” based on race, then it would have to fire other faculty that say things that might be seen as offensive or derogatory to (say) Republicans, because that would be discrimination or harassment based on political affiliation. (In states with broader laws protecting political activity, such as California, they would indeed be liable for discriminating against sharp critics of affirmative action; but D.C.’s political activity ban is limited solely to discrimination based on party membership or support.)”

My apologies for getting that wrong.