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No, it’s not constitutional for the University of Oklahoma to expel students for racist speech
Volokh Conspiracy - Washington Post ^ | March 10, 2015 | Eugene Volokh

Posted on 03/12/2015 8:24:47 PM PDT by QT3.14

Some University of Oklahoma 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

University of Oklahoma president David Boren said, “If I’m allowed to, these students will face suspension or expulsion.” [UPDATE: The president has indeed expelled two of the students.] But he is not, I think, allowed to do that.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Oklahoma
KEYWORDS: freedomofspeech; hatespeech; oklahoma; uo
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To: Monorprise

It’s possible to disturb the peace... that is usually how these things are worked around by a sufficiently restrictive government.


81 posted on 03/14/2015 8:55:00 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: HiTech RedNeck

“It’s possible to disturb the peace... that is usually how these things are worked around by a sufficiently restrictive government.”

I suppose they could claim he sang it too loudly. But the law should have no accounting for taste. There are after all a preponderous of other frats that play music far louder than any man can sing.

It would be prosperous to claim he was distributing the peace if they were not.


82 posted on 03/14/2015 9:00:14 AM PDT by Monorprise
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To: Monorprise

I think you intended to say preposterous :-)

Though if you are a race incident baiting pimp it might be prosperous.

What I kind of hope to say is that what we think are rights set in stone are more dependent on the good graces of government than we might want to think.

I don’t favor a graceless society. But I do want to point out the vital nature of grace.


83 posted on 03/14/2015 9:02:58 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Oliviaforever
"If those Black Panthers are students at the University of Oklahoma, I think the school has a right to expel those students.

How about you?"

But the Panthers aren't students at U of O, and they can't be compared to the SAE members. Unless you think that a group which openly promotes hatred of whites, and which publicly encourages violence---even including the murder of infants---is the same as a bunch of drunken kids singing a dumb song.

There's no way you could think that.

"Do you think a university should have the right to expel Black Panthers who call for the murder of white men, women, and babies?"

Again, you're trying to set up a straw man.

Do you believe those intoxicated students were intending to commit murder, or deliberately calling for others to do so?

84 posted on 03/14/2015 9:28:48 AM PDT by CatherineofAragon ((Support Christian white males---the architects of the jewel known as Western Civilization.))
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To: CatherineofAragon

Since when does intoxication excuse someone from their words or actions?

If intoxication was an excuse, even the Black Panthers could claim intoxication after speaking of violent acts.


85 posted on 03/14/2015 6:55:37 PM PDT by Oliviaforever
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To: Monorprise

And when said employee drops the a N Word in front of customers or finds himself on an internet video saying he wants to hang people from trees, are you going to stand by the employee?


86 posted on 03/14/2015 9:04:57 PM PDT by Oliviaforever
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To: Oliviaforever

“And when said employee drops the a N Word in front of customers or finds himself on an internet video saying he wants to hang people from trees, are you going to stand by the employee?”

Of course not, I just think people should be warned & informed once before dismissal. I’m sure you may agree, but I wanted to highlight the explanatory speech bit which I think is very important. It is not enough in my opinion as responsible Americans to simply tell people such is forbidden we must tell them why and what we are trying to achieve or prevent with the restriction.

This is unfortunately most particularly necessary for new employees because as you know schools today are completely failing to teach such things. Professional ethics are therefore passed on from employer to employee. The reason behind such rules of professionalism must also be passed along less they wont necessarily be maintained, and you end up with application of old rules that don’t effect any positive workplace improvement and instead in some cases actually cause more problems than they solve.

Like it or not the boss today is the first practical educator, and I dont see that role as educator diminishing given the trajectory of our public and private education system as hijacked by liberals.

As for videos that is really context based, and I can only reiterate my general reservation against looking for such things due to the fact that I generally believe in a separation of professional and private life.


87 posted on 03/15/2015 8:24:56 AM PDT by Monorprise
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To: Oliviaforever; wardaddy

Olivia, you’re very good at trying to set up straw men, and at trying to weasel out of answering questions.

I see you’re on another thread about San Francisco cops who made racist comments. You seem to be gleeful about the prospect of those cops suffering harm in prison.

What is it with you and your ideas that un-PC speech deserves physical violence at the hands of blacks? What’s wrong with you?

And going back to my post which you refused to answer: do you think that dumb song can be compared to the Black Panthers openly calling for murder, even of babies?

Do you really believe those students at U of O were deliberately calling for the murder of blacks?


88 posted on 03/16/2015 8:13:45 AM PDT by CatherineofAragon ((Support Christian white males---the architects of the jewel known as Western Civilization.))
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To: CatherineofAragon

“I see you’re on another thread about San Francisco cops who made racist comments. You seem to be gleeful about the prospect of those cops suffering harm in prison.”

It is not cops, it is a cop and he is not going to jail for racist comments, he is going to jail for corruption.

Corrupt cops should go to prison.

Prison should be awkward for everyone.


89 posted on 03/16/2015 12:17:12 PM PDT by Oliviaforever
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To: Oliviaforever

Apples and oranges.

First, private employment is a completely different legal standard than that of being a student at a public, state university.

Second, there’s a legal difference between making a reference to violence (Y should be X’d ) and a threat (I want to X Y, or I am going to X Y).

The closest these punks came to speaking outside the boundaries of Constitutionally protected speach is that the chant could be taken as explicit admission that they engaged in racially discriminatory membership practices. But THAT would run afoul of the freedom of association clause in the context of the 14th Amendments equal protections clause: the punks would simply have to show that other Greek organizations also engaged in discriminatory practices without sanction.


90 posted on 03/16/2015 12:49:29 PM PDT by tanknetter
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To: PapaBear3625
All other things being equal, I'd take someone who made a mistake in their youth they sincerely regret before I'd take a harpie that would wish lifelong ill towards the person in question.

I think the first individual would be more apt to be able to work within a team. If you can't find some way to get along with people and look past their mistakes, you just won't fit in and will be a likely source of disharmony.

Of course, that's probably because I also made mistakes in my younger days that I regret, but I've never really wished a dismal and destructive future to anyone. Well, maybe Bill and Hillary, but for purposes of this discussion, let's not count them.

91 posted on 03/16/2015 1:09:04 PM PDT by TontoKowalski
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To: TontoKowalski

As a general rule I agree.

However the issue here is going to be the damage that will result from their employers being publically identified as having hired them, plus the additional risk to reputation if those employers are discovered to have hired them knowing full well who they were.


92 posted on 03/16/2015 1:12:36 PM PDT by tanknetter
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To: tanknetter
True confession time.

In college in the 1980's, I wrecked my car and got a DUI, and I sincerely regret the episode. I've had to own up to that on every job application (and a ton of other things) ever since.

In every single instance, I've been told that a youthful mistake would not be held against me in evaluating my qualifications. And, as far as I can tell, it hasn't been.

I received compassion and understanding throughout my life for this, even immediately following the event.

I could have killed myself, or worse, someone else. I've been treated better than they apparently will, and all they did was sing an offensive song at a private party in the company of their friends.

The response is grossly disproportionate.

93 posted on 03/16/2015 1:22:30 PM PDT by TontoKowalski
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To: tanknetter

0The closest these punks came to speaking outside the boundaries of Constitutionally protected speach is that the chant could be taken as explicit admission that they engaged in racially discriminatory membership practices.”

The SAE was an official student organization at OU and in order to be an OU student organization, they cannot discriminate.


94 posted on 03/16/2015 7:29:00 PM PDT by Oliviaforever
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To: CatherineofAragon

“Do you really believe those students at U of O were deliberately calling for the murder of blacks?”

I cannot read their minds and can only understand what they said.

They said that they would rather have blacks hang from trees than join their organization.

Their views are no different and not less troubling than the views of the Black Panthers or KKK.


95 posted on 03/16/2015 7:35:02 PM PDT by Oliviaforever
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To: CatherineofAragon

She’s a race baiter

Check her long term posting history

Could be a man even

Maybe a retread

Or some agit prop plant

It happens here a lot

Likely not invited to join Greek or ignored at swaps

Notice how those her NEVER EVER disclose any background

Just platitude and invective

These folks are like Craig Livingstone ops


96 posted on 03/17/2015 9:50:42 AM PDT by wardaddy (Dems hate western civilization and GOP are cowards...We are headed to a dark place)
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To: wardaddy; Oliviaforever

According to the posting history, she (he?) has been grinding this particular axe for a long time. I’m thinking you’re right...the axe is personal.


97 posted on 03/18/2015 9:57:23 AM PDT by CatherineofAragon ((Support Christian white males---the architects of the jewel known as Western Civilization.))
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To: Oliviaforever
"I cannot read their minds and can only understand what they said."

You don't understand even that much. Your posts are all over the place on the subject. You refer to it as everything from "singing a song" to "saying blacks should be hung" to "threatening to hang blacks." None of those are the same.

"They said that they would rather have blacks hang from trees than join their organization."

According to your posts, they "said" many different things.

"Their views are no different and not less troubling than the views of the Black Panthers or KKK."

Anyone who believes that is a fool or someone with a race chip on her shoulder.

98 posted on 03/18/2015 10:00:49 AM PDT by CatherineofAragon ((Support Christian white males---the architects of the jewel known as Western Civilization.))
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To: CatherineofAragon

It’s just a news story.

No axe to grind.

A school vice principal being investigated for saying that he does not like black kids is news.

SAE members saying:

“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”

And then withdrawing from their school is also a news story.


99 posted on 03/18/2015 10:22:22 AM PDT by Oliviaforever
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