Posted on 03/10/2015 3:21:42 PM PDT by Perdogg
Some University of Oklahoma students in the Sigma Alpha Epsilon fraternity were videorecorded singing (as best I and others can tell),
(Excerpt) Read more at washingtonpost.com ...
What part of the constitution applies? Which constitution?
The US constitution.
These guys are not employees of the school. They are paying customers.
Read the article
People may not like what these guys said, but they broke no laws.
>>>Read the article<<<
bwahahahaha. Some members shoot from the hip. .....back in my day we just said stuff without reading the article.....and we liked it.
Now they’re going after the house mother for SINGING ALONG to a rap song that used the N word. GMAFB.
The part where a government ( a state university) institution cannot forbid free speech. That part.
That’s a good point. Christian florists and bakeries still have to serve sodomite customers, according to the injustice system, even if it goes against their beliefs to help celebrate sodomy.
I don’t agree with racism but I also believe in freedom of speech as far as the government is concerned (private parties can sue and that’s OK too).
The constitution is usually only implicated if the federal government is involved. If UO is a state university, then it is a question of the state constitution or state laws whether booting them out is illegal. The U.S. Constitutions forbids federal action not usually state action.
>>bwahahahaha. Some members shoot from the hip. .....back in my day we just said stuff without reading the article.....and we liked it.<<
Wait. You are supposed to read the article? When did this start???
That question was nor for real, was it?
Must have forgot the /sarc tag.
Lawyers are sobbering at the prospects of owning a part of Oklahome University
Not since the 14th Amendment was passed. The 14th Amendment applied all of the Bill of Rights to state governments as well as the federal government. So state governments can have state constitutions that require state and local governments to be MORE protective of the rights enumerated in the US Constitution, but they cannot be less protective of those rights.
>>The constitution is usually only implicated if the federal government is involved. If UO is a state university, then it is a question of the state constitution or state laws whether booting them out is illegal. The U.S. Constitutions forbids federal action not usually state action.<<
A State can’t ignore the USC. But an institution — any institution — can have you sign your rights away.
I was a California State Employee a ways back and we were prohibited from displaying anything political or campaigning when at work.
But that was at work. On my time I could say what I wanted but I could not imply my relationship with the State was part of my speech.
If the kids signed an agreement which included self-restriction the legal question would be is it so broad as to be open to interpretation.
If everything is silent (unlikely) then there may not be a legal avenue here for the School against the kids. The ones expelled may have a cause of action. For big bucks.
The first amendment has the provision to be stupid.
So how is the Federal Government restricting their free speech?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
How did OU forbid free speech?
To be precise, that didn't begin to happen beyond the slavery issue until the mid-20th century, when some of our more Soviet-minded Chief Justices decided that not only did the Constitution say only what they thought it did—rather than what it says—but that their thoughts apply as law to the States as well as to the hungry Federal Leviathan.
But my guess is that the OK Constitution has a 1A of its own, and that it says about what the Federal one says. Which is to say, I'll bet Boren and his U of Oklahoma are toast.
(It's possible you and I talked about this sometime ago, not sure.)
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