Tuesday, March 10, 2015

Volokh: "No, a public university may not expel students for racist speech" (UPDATED)

"Some Oklahoma University students in the Sigma Alpha Epsilon fraternity were videorecorded singing (as best I and others can tell),"
"There will never be a nigger at SAE
There will never be a nigger at SAE
You can hang him from a tree
But he’ll never sign with me
There will never be a nigger at SAE
Oklahoma University president David Boren said, “If I’m allowed to, these students will face suspension or expulsion.” But he is not, I think, allowed to do that.

1. First, racist speech is constitutionally protected, just as is expression of other contemptible ideas; and universities may not discipline students based on their speech.
For the other reasons espoused by the professor go to this Link.

[UPDATED in light of the students' expulsion]

Before...


After...

7 comments:

Rabel said...

I used to think that that old saw about "The South Shall Rise Again" was mindless feel-good crap for the folks that just didn't know how to lose gracefully.

However, I've recently been informed by the media that Wisconsin with its right-to-work law has joined the Confederacy, that Missouri post-Ferguson was a Southern state, and last night by Fox news that a Southern university in Oklahoma was racist.

Taking a quick look at the map, I see that if we can bring in Illinois we will have taken the center, cut-off the Northeast, and broken up the lines of communication between the Union East and West.

Y'all Yankees better watch out.

Lem the artificially intelligent said...

If the law had a face look at the Before and After photos.

Amartel said...

"The government, at its discretion but at the taxpayers' expense, shall be abridge free speech if it is hurtful."

I don't recall that part of the First Amendment.

Apparently, the marketplace of ideas can't be trusted to sort this one out on its own.

edutcher said...

Yeah, I thought that First Amendment thingy was in there some place.

Rabel said...

I used to think that that old saw about "The South Shall Rise Again" was mindless feel-good crap for the folks that just didn't know how to lose gracefully.

However, I've recently been informed by the media that Wisconsin with its right-to-work law has joined the Confederacy, that Missouri post-Ferguson was a Southern state, and last night by Fox news that a Southern university in Oklahoma was racist..

Taking a quick look at the map, I see that if we can bring in Illinois we will have taken the center, cut-off the Northeast, and broken up the lines of communication between the Union East and West.

Y'all Yankees better watch out.


Don't fergit them thar captive states of the Confederacy - Kaintuck 'n' New Mexico an' Missouruh are a-fixin' to do the same thang.

So's Illinoise.

29 right to work states do change the pickcher.

Methadras said...

As much as I deplore racist speech, I'm glad it's protected speech. Now, should these fools be run out on a rail and ostracized? Yup, let the student body deal with it.

Methadras said...

Lem said...

If the law had a face look at the Before and After photos.


Imagine lady justice bent over her scales with her toga pulled up over her hips and Obama giving it to her from behind. Yeah, that's about right.

William said...

This is the Jaryndyce & Jaryndyce of civil rights lawsuits. Their attorneys may win, but not their clients. The students involved have a good case, but it's a little like pleading a past history of impotence as a defense in a rape case. There's no way they can argue their case In a way that makes the students look good.