It was an extremely ambitious effort by FIRE’s executive director, Robert Shibley.  Not only is the current state of Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964 a total fiasco, but it’s replete with a mythology deliberately spread by a rogue Department of Education, Office of Civil Rights, and adopted by zealous advocates who make up in passion what they lack in integrity and knowledge, so that it’s nearly impossible to discuss intelligently.

Shibley tries to explain this morass in the modern version of a broadside. To provide a full and adequate explanation would require at least a book, if not a few volumes, but then no one would take the time to read it.  And that’s the point, that this needs to be read to have any impact and, for those against whom this law and its mythology are used, they be given access to accurate information in contrast with the spin.

It’s a quick read. For anyone who has paid attention here, the stories and concepts will be familiar, though the choice of anecdotes might seem peculiar. The tale of feminist prof Laura Kipnis, for example, figures prominently, likely because it’s less subject to controversy than some far worse stories.  For those who need concrete anecdotes to make sense of concepts, Shibley does his best to provide context to the law surrounding Title IX and its misuse and abuse.

To some extent, it’s unfortunate that some of the most egregious examples of lives ruined by the abuse of Title IX didn’t fit into this broadside. They provide a depth of understanding as to why this mythology is as dangerous and serious as it is, why it’s so much more than a benign trade-off between hurt feelings.

It’s almost as if by homogenizing the damage to make it more palatable to the reader who isn’t ready to learn of the ugly scope of the problem, they will take the explanation of the law more generously. But the fact remains that lives are destroyed in this process, and it’s not merely a tale of Kafka lite.

Shibley gets in some law, such as Davis v. Monroe County Board of Ed., holding that Title IX sexual harassment is only actionable when it’s so “severe, pervasive and objectively offensive” that it deprives a person of any educational benefit. But there isn’t sufficient explanation of how these foundational legal concepts have failed to limit its application. This may well be because the application of Title IX has largely ignored law and moved full steam ahead based on the mythology. But then, if the point of the broadside is to debunk the myths, then it would seem worthwhile to emphasize the law that so many ignore.

And much to his credit, Shibley connects the dots between speech codes and Title IX, a point that largely missed when the focus is on rape and sexual assault, on the one hand, or transgender locker rooms on the other. Through a series of loose, vague connections, Shibley explains how actual harm slid down the slippery slope to speech codes, despite the First Amendment. If you wonder how students ended up believing their delicate ears should never hear unpleasant words, Shibley provides the answers.

On the other hand, there are points that are cringeworthy in there, such as putting percentages to standard of proof (beyond a reasonable doubt is 98-99%? Says who?). While it’s understandable that Shibley seeks to make law understandable to the lay reader, when he uses methods like attaching percentages where none exist, aside from the preponderance standard, it’s the sort of trick that lawyers will find unpalatable.  Sure, we get it, that the only way to convey the message quickly is to use a trick like this, but replacing one myth with another for convenience is disturbing nonetheless.

But this is a broadside, not a law review article nor a hornbook. If you want an in-depth, legally detailed and accurate discussion of the history and law of Title IX, and how it went so wildly astray, this isn’t the book for you. However, if you want a primer, a quick read that provides largely accurate background and law on an issue that can have grievous impact on the lives of students, this is exactly what you want.

Was Shibley too ambitious in attempting to shoehorn such a prolix and controversial area of law into a broadside?  Yes, and no. For those of us who have spent time with Title IX, there is so much more to say, and likely so much that needs greater discussion and emphasis. But that’s not what this broadside is for, and if you need to have a student or parent learn quickly about Title IX, about why and how their lives are about to be turned upside down in an inexplicable system, this broadside is exactly what they need.