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The Limits of Free Speech: University of Oklahoma Frat does not deserve First Amendment Protection
The Atlantic ^ | 03/14/2015 | Kent Greenfield

Posted on 03/14/2015 6:24:34 PM PDT by SeekAndFind

Members of a fraternity at the University of Oklahoma were recently filmed chanting that they’d rather see a black student lynched than as a member of their clan. The now viral video of dapper, privileged white men shouting, “There will never be a nigger at SAE, you can hang him from a tree” reminds us of our greatest national shame.

The chant has been roundly condemned as abhorrent. But after university president David Boren announced the expulsion of two students leading the chants, prominent legal scholars from the right and left have come to their defense. The university is a public institution, they say, and punishing the students for what they said—no matter how vile—violates the First Amendment’s commitment to “uninhibited, robust, and wide-open” discourse.

Oklahoma could make a decent argument that the students’ chant created a hostile educational environment and was thus unprotected speech, but these scholars are likely correct as predictive matter. If this situation were litigated before the current Supreme Court, the students would almost certainly win. The frat boys’ howls are reminiscent of the Westboro Baptist Church’s “God hates fags” protests near military funerals, which the Supreme Court protected a few years ago. And while public university hate-speech codes have never been litigated at the Supreme Court, they have been trounced in lower courts.

We are told the First Amendment protects the odious because we cannot trust government to make choices about content on our behalf. That protections of speech will inevitably be overinclusive. But that this is a cost we must bear. If we start punishing speech, advocates argue, then we will slide down the slippery slope to tyranny.

If that is what the First Amendment means, then we have a problem greater than bigoted frat boys. The problem would be the First Amendment.

(Excerpt) Read more at theatlantic.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Oklahoma
KEYWORDS: firstamendment; fraternity; oklahoma; racism
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1 posted on 03/14/2015 6:24:34 PM PDT by SeekAndFind
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To: SeekAndFind
No first amendment protection for Kent, either, while we're censoring people with government power.

/johnny

2 posted on 03/14/2015 6:26:51 PM PDT by JRandomFreeper (gone Galt)
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To: SeekAndFind
The problem would be the First Amendment.

Well isn't that special.
3 posted on 03/14/2015 6:27:16 PM PDT by cripplecreek ("For by wise guidance you can wage your war")
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To: SeekAndFind

The Atlantic doesn’t deserve free speech. Greenfield’s Gestapo is creating a hostile environment for me. They must be shut down immediately, because I’m subjectively offended.

Thing is, the idiot is too indoctrinated to even be able to understand my paragraph above.


4 posted on 03/14/2015 6:28:23 PM PDT by PAR35
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To: SeekAndFind

Thankfully we have Kent Greenfield and others like him to determine who is worthy of the protections enumerated in the Bill Of Rights and who is not.

What a world it would be if those protections applied to everyone - especially citizens Mr Greenfield disagrees with or doesn’t like.

/S


5 posted on 03/14/2015 6:30:12 PM PDT by Iron Munro
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To: SeekAndFind

Rev. Jeremiah Wright’s hate speech was nuanced...


6 posted on 03/14/2015 6:31:15 PM PDT by a fool in paradise (Shickl-Gruber's Big Lie gave us Hussein's Un-Affordable Care act (HUAC).)
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To: SeekAndFind
Nobody deserves or doesn't deserve rights. They are rights.
7 posted on 03/14/2015 6:31:24 PM PDT by Sooth2222 ("In a democracy people get the leaders they deserve." - Joseph de Maistre, 1753-1821)
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To: SeekAndFind

Now we have a right that applies if we deserve it? Who decides ?


8 posted on 03/14/2015 6:33:21 PM PDT by Raycpa
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To: SeekAndFind
...reminds us of our greatest national shame.

You mean, electing Democrats and other Totalitarians to high office?

Yes. For shame.

9 posted on 03/14/2015 6:36:14 PM PDT by ChicagahAl (Don't blame me. I voted for Sarah.)
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To: SeekAndFind

Let me point out the specious natture of this paragraph:

“We are told the First Amendment protects the odious” [Told? Told by whom?] [The First ammendment protects all, the odious and otherwise] “because we cannot trust government to make choices about content on our behalf” [That is the only true statement.]

“That protections of free speech will ultimately be overinclusive” [Overinclusive?} [That is a lefty interpretation for sure. The protections are not overinclusive they are ALL inclusive which is as it should be.


10 posted on 03/14/2015 6:36:30 PM PDT by traderrob6
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To: Sooth2222
God-given, IIRC.


"Hige sceal þe heardra, heorte þe cenre / mod sceal þe mare, þe ure mægen lytlað."
"Thought must be the harder, heart be the keener, mind must be the greater, as our might lessens."

11 posted on 03/14/2015 6:37:18 PM PDT by ConorMacNessa (HM/2 USN, 3/5 Marines RVN 1969 - <center> <table backSt. Michael the Archangel, defend us in Battle!)
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To: SeekAndFind

What about the black protestors chanting “what do you want? dead cops, when do you want them? now”

Oh yeah, I forgot limits on speech only apply to whites.


12 posted on 03/14/2015 6:41:52 PM PDT by Cubs Fan (anarchotyranny-“we refuse to control real criminals (anarchy) so we control the innocent (tyranny)")
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To: Sooth2222

+1


13 posted on 03/14/2015 6:43:58 PM PDT by NRx
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To: JRandomFreeper

I’m guessing he wouldn’t approve of the conversation I’m having with an islamderthal on twitter.

>>@MuslimTwo So do you paste a picture of mohammad on a goats ass to get turned on or is the goat’s ass enough. #AskHamas<<


14 posted on 03/14/2015 6:44:25 PM PDT by cripplecreek ("For by wise guidance you can wage your war")
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To: SeekAndFind

Those mobs yelling “What do we want, dead cops!” should be denied 1st Amendment if anyone.


15 posted on 03/14/2015 6:44:43 PM PDT by Kenny (,)
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To: JRandomFreeper
Well, here's my question — Why and how does the first amendment, which is specifically and explicitly binding upon the congress, applicable to the school?
16 posted on 03/14/2015 6:48:04 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark
Good question. I guess they are assuming incorporation.

The aren't big on law....

/johnny

17 posted on 03/14/2015 6:49:43 PM PDT by JRandomFreeper (gone Galt)
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To: SeekAndFind

Libs want to eliminate The Bill of Rights for everyone but them


18 posted on 03/14/2015 6:49:44 PM PDT by The Sons of Liberty (Proud to be a "SAC TRAINED KILLER" - Defender of Liberty and The Free World!)
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To: Cubs Fan

White dhimitude....one of the hallmarks of Obamastan.


19 posted on 03/14/2015 6:50:17 PM PDT by lightman (O Lord, save Thy people and bless Thine inheritance, giving to Thy Church vict'ry o'er Her enemies.)
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To: JRandomFreeper
Good question. I guess they are assuming incorporation.

Ah, that mystical process where legal text is transformed magically by our benevolent black-robed god-kings!
Who wouldn't love this legal system? [/sarc]

20 posted on 03/14/2015 6:52:38 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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