The UO is on *very* shaky Constitutional ground with this report—which raises serious First Amendment issues. Nor does the report address Professor Shurtz’s rights under Article I, section 8, of the Oregon Constitution.  Anyone pumping their fist better chill out and sit down—because this could very easily blow up in the university's face—and become an example to every other university who casually tramples on free speech.

The First Amendment contains nothing about students being "uncomfortable." The UO can no more dictate when and where the First Amendment applies than it can dictate Trump's foreign policy.

Almost nobody condones Professor Shurtz's thoughtless act. But for the university to even vaguely flirt with ideas like discomfort "outweighing" an individual's constitutional protection is setting a VERY bad precedent.