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ACLU Now Admits OU's SAE Expulsions Are Likely Unconstitutional
Reason ^ | 03/13/2015 | Robby Soave

Posted on 03/13/2015 12:32:29 PM PDT by E. Pluribus Unum

Earlier today I noted that the American Civil Liberties Union—ostensibly a pro-First Amendment organiztion—had articulated a baffling position on the University of Oklahoma's expulsion of two students for racist behavior: namely, that said actions were the right ones.

But the ACLU has walked back its earlier comments, and now recognizes that OU can't abridge its students' free speech rights, offensive though their conduct may be. "It is difficult to imagine a situation in which a court would side with the university on this matter," writes the ACLU:

As a state-run institution of higher education, the University of Oklahoma must also respect First Amendment principles that are central to the mission of every university. Any sanction imposed on students for their speech must therefore be consistent with the First Amendment and not merely a punishment for vile and reprehensible speech; courts have consistently and rightly ruled as such. Absent information that is not at our disposal, it is difficult to imagine a situation in which a court would side with the university on this matter.  We are closely monitoring the situation and will appropriately respond to new details as they emerge. In the meantime, we stand in solid support of the brave and thoughtful students whose public dialogue on race and the rights of all minority students in response to the incident have embodied the spirit of the First Amendment.

I'm glad the organization is articulating a clearly pro-speech position on the expulsions. There is nothing contradictory about condemning the students for terribly racist statements while still defending their absolute right to express such sentiments.


TOPICS: News/Current Events
KEYWORDS: aclu; sigmaalphaepsilon; uofoklahoma
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1 posted on 03/13/2015 12:32:29 PM PDT by E. Pluribus Unum
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To: E. Pluribus Unum

It’s too late to right the wrong for these expelled students. They would physically be in danger on that campus, because it has become popular to pile on the hatred for them, thus absolving the haters of their own racist biases (so they want to believe).


2 posted on 03/13/2015 12:37:29 PM PDT by lee martell (The sa)
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To: E. Pluribus Unum

If you can keep your head when all about you
Are losing theirs . . .


3 posted on 03/13/2015 12:37:53 PM PDT by Arm_Bears (Rope. Tree. Politician. Some assembly required.)
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To: lee martell

Very true. In the eyes of liberals, being white and using the N word is a cardinal sin, punishable by whatever they see fit.
And these students chanting their hatred are morons, but they sure as h#ll shouldn’t be kicked out of school.


4 posted on 03/13/2015 12:42:19 PM PDT by No_More_Harkin
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To: E. Pluribus Unum
Maybe this needs to be codified so that people in the future cannot claim ignorance. An "egregiousness" clause.

"The guarantees of freedom of speech in the First Amendment to the Constitution of the United States shall not be construed to apply to persons not of African descent who utter or write the N-word."

The media must be loving this--they are always eager to find proof that all white people are secretly Ku Klux Klan members (other than gentry liberals like themselves). See, for example, the rush to label George Zimmerman "white." There has been much more reaction to this story than to the beheadings of Copts in Libya by ISIS or the massacres in Nigeria by Boko Haram. Those other events don't advance the narrative.

5 posted on 03/13/2015 12:42:44 PM PDT by Verginius Rufus
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To: lee martell
But the University will get what it deserves for ignoring the Constitutional rights of students as it attempted to appease the professionally, continually outraged crowd.

They've appeased no one, they satisfied no one, their precious sports teams will still suffer with some recruits, those interested in joining a frat or sorority might decide to go elsewhere, and they'll be the object of protests and outrage as the court cases pile up.

Have I missed anything?

6 posted on 03/13/2015 12:43:17 PM PDT by grania
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To: E. Pluribus Unum

I don’t know any of the students involved, but my guess is that their conduct was not motivated by racism but rather was merely adolescent rebelliousness against authority, in this case politically correct pieties, by being as outrageous as possible. They had no expectation that any black people would ever know about this, and the cook at their fraternity house was black and apparently was treated well.


7 posted on 03/13/2015 12:46:47 PM PDT by Verginius Rufus
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To: grania

It’s the old “Blood in the Water” theory, about to be writ large. Ask the Mayor of Ferguson how it goes when you appease a souless creature with an insatiable appetite for other people’s power.


8 posted on 03/13/2015 12:48:00 PM PDT by lee martell (The sa)
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To: E. Pluribus Unum

OU and their president are about to find out the price of ‘Free Speech’....................


9 posted on 03/13/2015 12:53:03 PM PDT by Red Badger (Man builds a ship in a bottle. God builds a universe in the palm of His hand.............)
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To: E. Pluribus Unum
"It is difficult to imagine a situation in which a court would side with the university on this matter,"

Lol, Alito (Not an "Originalists", makes reactionary decisions, look beyond his low hanging fruit decisions), Ginsburg (Even the ACLU whore could "see shadows" of "Civil Rights" abuses), Sotomayor, Kevin "Elena Kagan" James, and Breyer could come up with some misinterpretation that excuses their decision making process.
10 posted on 03/13/2015 12:53:42 PM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: Verginius Rufus

It’s usually just kids being outrageous rather than overt racism. Would he allow a black member into SAE? Hard to tell.


11 posted on 03/13/2015 12:56:08 PM PDT by AppyPappy (If you are not part of the solution, there is good money to be made prolonging the problem.)
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To: Verginius Rufus
I don’t know any of the students involved, but my guess is that their conduct was not motivated by racism but rather was merely adolescent rebelliousness against authority, in this case politically correct pieties, by being as outrageous as possible. They had no expectation that any black people would ever know about this, and the cook at their fraternity house was black and apparently was treated well.

How did the video get leaked out to the world at large??  I figure it was made for private viewing...preferably after a few beers

12 posted on 03/13/2015 12:57:10 PM PDT by dennisw (The first principle is to find out who you are then you can achieve anything -- Buddhist monk)
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To: E. Pluribus Unum
That's ok Moose and Rocko will help...
13 posted on 03/13/2015 12:58:24 PM PDT by moehoward
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To: E. Pluribus Unum

Its open season on drunken frat boys because they are seen as pale, male and stale. And their rich daddies are even more stale. Just joking but this is the perception spread in stupid Hollyweird movies etc

All this is part of the general dumping on white guys. Just look at what TV commercials do. Just look at ol Bill Clinton who was defeated by Obama in 2008. Bill ran Hillary’s campaign


14 posted on 03/13/2015 1:01:48 PM PDT by dennisw (The first principle is to find out who you are then you can achieve anything -- Buddhist monk)
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To: dennisw
As far as I know the leaker hasn't been identified, but I would guess that one of the students on the bus was offended by the lyrics.

Probably some of the SAE members who were evicted from their residence on 24 hours' notice were not even present when the song was being sung.

15 posted on 03/13/2015 1:03:01 PM PDT by Verginius Rufus
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To: Verginius Rufus

Thanks!!!


16 posted on 03/13/2015 1:09:51 PM PDT by dennisw (The first principle is to find out who you are then you can achieve anything -- Buddhist monk)
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To: E. Pluribus Unum

It’s highly unlikely that the University will say that the students were expelled for what they said. There are several circumstances under which the university leaders are empowered to take direct action against a student. So the University will say the students were expelled because it was necessary “for the welfare and safety of the University community” or because they had to “stop or prevent interference in any manner with the public or private rights of others” or something like that. The speech was the catalyst but the University will not say it was the reason for expulsion.


17 posted on 03/13/2015 1:18:00 PM PDT by DoodleDawg
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To: DoodleDawg

Perhaps they’ll invoke the commerce clause.


18 posted on 03/13/2015 1:18:47 PM PDT by E. Pluribus Unum (If obama speaks and there is no one there to hear it, is it still a lie?)
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To: Verginius Rufus
They had no expectation that any black people would ever know about this...

Anybody who has an expectation of privacy in this day of cell phones is an idiot. Especially when pulling stunts like these guys did.

19 posted on 03/13/2015 1:20:22 PM PDT by DoodleDawg
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To: dennisw
How did the video get leaked out to the world at large??

By someone who wanted to rack up several hundred thousand hits on You Tube.

20 posted on 03/13/2015 1:22:17 PM PDT by DoodleDawg
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