Reply to lahoma Fraternity Caught Gleefully Singing a Racist Chant

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I actually think this is a violation of the constitutional right to freedom of speech. It is a public university. Speech is in fact protected. Was it speech or conduct? If you expel for this reason, you are creating a dangerous precedence for campuses, where speech should be protected even if you find it reprehensible.

That said, why fight it if you are the student? Costs money and time, and just tells everyone you are a racist ahole.
[/quote]

I am not sure you guys understand that a public university can make rules that certain types of speech is prohibited on campus or at school sponsored events.

Let me make this a little easier.  Do you think that students could and should sing this song at a public HS?  [/quote]

Speech that advocates violence or is likely to incite violence has generally been held not to be protected.  If I am OU, I tell them to sue me. [/quote]
 
Speech that "advocates" violence is indeed protected.  Rather, only speech that constitutes a true threat or is likely to incite imminent illegal action is unprotected.  This song does neither. No one was directly threatened, and there is no plausible reading of the facts that this song was an actual incitement to lynching.

A private university could expel them, no questions asked.  A state university, however, almost certainly can't.  This is not that close a call legally.

[/quote]

Correct.[/quote]

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