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I know the constitution and the only exceptions to free speech are libel and slander.
You don't know it very well then...
Which types of speech are not protected by the First Amendment?
Although different scholars view unprotected speech in different ways, there are basically nine categories:
Obscenity
Fighting words
Defamation (includes libel, slander)
Child pornography
Perjury
Blackmail
Incitement to imminent lawless action
True threats
Solicitations to commit crimes
Some experts also would add treason, if committed verbally, to that list. Plagiarism of copyrighted material is also not protected. Frequently Asked Questions - Speech | First Amendment Center
You can stand against it socially and the national frat can expel them, but a public school should not be able to punish them.
You have a point as far as the Constitution is concerned. While I deplore the song of the SAE members, its tough to argue that OSU, as a public university subject to the First Amendment, may punish students merely for exercising speech that most find abhorrent. Still, until and unless the University actually takes action against the students (the SAE national office closed the frat, so any potential University action in this regard is moot as far as the Constitution is concerned), talk of potential suspension/expulsion is just that.
While I deplore the song of the SAE members, its tough to argue that OSU, as a public university subject to the First Amendment, may punish students merely for exercising speech that most find abhorrent. Still, until and unless the University actually takes action against the students (the SAE national office closed the frat, so any potential University action in this regard is moot as far as the Constitution is concerned), talk of potential suspension/expulsion is just that.
It was OU SAE students on a bus caught singing racist. OSU was the college that was caught with SAE fraternity having a confederate flag hanging in one of its windows. It's not too surprising that SAE originated in the Deep South in Tuscaloosa, AL.
It was OU SAE students on a bus caught singing racist. OSU was the college that was caught with SAE fraternity having a confederate flag hanging in one of its windows. It's not too surprising that SAE originated in the Deep South in Tuscaloosa, AL.
And you wrote that post in response to an argument on the constitutionality on OSU's proposed suspensions/expulsions of the students in question because . . .?
Which types of speech are not protected by the First Amendment?
Although different scholars view unprotected speech in different ways, there are basically nine categories:
Obscenity
Fighting words
Defamation (includes libel, slander)
Child pornography
Perjury
Blackmail
Incitement to imminent lawless action
True threats
Solicitations to commit crimes
Some experts also would add treason, if committed verbally, to that list. Plagiarism of copyrighted material is also not protected. Frequently Asked Questions - Speech | First Amendment Center
I don't see racism on that list.
Fighting words? There was no one there at the time who would have been provoked into fighting.
Defamation, slander? Doesn't apply to groups, just to individuals.
Incitement to imminent lawless action? Nope. Not unless they went out and committed a crime right afterwards.
True threats? Nope. No one there to be threatened.
Solicitations to commit crimes? Nope. No one there who was being solicited to commit a crime.
As for the school expelling the students, a court would probably side with the students.
Most people have heard of the oklahoma university racist song by now. No one doubts that what these kids did was dumb and racist. But I read the school closed their frat, and they are now talking suspension or expulsion. The school president said they "abused" their free speech. Have we really gotten to the point where a public school can expel students for a non-threatening albeit racist song? It sounds unconstitutional to me.
Gotten to the point? No, it's always been that way. Every student is given a copy of the Student Code of Conduct. Once the individuals are identified, they will probably be expelled. Good riddance.
Gotten to the point? No, it's always been that way. Every student is given a copy of the Student Code of Conduct. Once the individuals are identified, they will probably be expelled. Good riddance.
The "student code of conduct" still can't override the Constitution at a public school.
Most people have heard of the oklahoma university racist song by now. No one doubts that what these kids did was dumb and racist. But I read the school closed their frat, and they are now talking suspension or expulsion. The school president said they "abused" their free speech. Have we really gotten to the point where a public school can expel students for a non-threatening albeit racist song? It sounds unconstitutional to me.
If you sang it at work, would you not expect to be fired?
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