The IRS case is completely different. They are not even remotely close.
What I said is well known in the business world for a long time now. For example, people cannot slander a business and then use the defense of free speech to avoid liability law suit.
If you jeopardize a business intentionally or not, the business reserves the right to get rid of you..... That has been the case since the founding of our country. Yes it has been challenged, but lost in court ever time.
I think the most famous case, that we hear often was a 1948 U.S. Supreme Court case where 1 Justice said paraphrasing, “the right to free speech does not mean it’s okay to yell fire in a crowed theater”.
Anyhow, when you cost a business money, then they are going to let go of you. The business only exists to make money and nothing further. Because it will not exist if it’s losing money.
Yes O.U. is a business. It cost money to run it. So yes it’s a business.
OU is a state University and is an "arm of the government."
Had this occurred in a private university, I would absolutely agree that the students would not have a case.
Your example of slander is not a free speech issue. Slander is a criminal offense. Tasteless and socially objectionable speech, in and of itself, is not a crime.