How can a public university expel students for singing? (March, politicians, prison)
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That's the strongest argument that the university could make in trying to expel students. Specifically, they would argue that the students were making threats against members of the student body, which are not protected by the First Amendment. But, something tells me that this song, while repulsive, is a "traditional" song either of this chapter or fraternity in general. If that is the case, and its clear that this is all the song is nothing more than that (again, no matter how repulsive the song is) and that no member of the chapter/frat has ever acted/tried to act on those lyrics, the university will fail in that regard as the song is protected.
Note, there are several high-funded legal groups (including FIRE) that would gladly initiate legal action against the university if it tried to take such actions against the students.
Here, for example, is a portion from the Rutgers University Student Code of Conduct:
"As members of the University community, students are expected to uphold our stated values by maintaining a high standard of conduct. Because the University establishes high standards for membership, its standards of conduct may exceed federal, state, or local requirements.
Students are expected to take responsibility for their conduct. Disciplinary consequences therefore serve both educational and deterrence objectives."
The University, through authority given to it by its Board of Governors, is responsible for communicating behavioral expectations to students and the consequences for violating standards."
No, you just need to get a better grip on the Constitution and the law. Seriously, though, you're too much; it's actually laughable that this most basic of concepts isn't understood by more people. A university code of conduct can say anything. That, however, doesn't change the fact that a public university's code of conduct doesn't supersede the Constitution. Seriously, is it really that difficult to comprehend that a public university, much less a state (think Southern states passing laws restricting the rights of blacks and others in contravention of the U.S. Constitution), cannot overrule the Constitution? This is constitutional law 101 and something that you don't have to go to law school to understand. The Constitution protects individuals from government action; a pamphlet or other inferior rule/law does nothing to change that.
Note, its not even clear what that portion of the Rutgers' Code of Conduct is referring to. Do try again.
SAE may need to be dissolved. This is not the first incident. SAE is under investigation at the University of Arizona for harassing a Jewish fraternity by banging on the door and shouting "racist" slurs at the occupants. At ASU, the fraternity has been linked to student deaths in binge drinking episodes. SAE has been banned from the ASU campus. SAE sounds like a fraternity for drunken, out of control racists - not something that top universities want associated with their names.
Your analysis is simplistic. "Merely because the university objects to the language used"? You can try to minimize the students' actions in this case, but violations of the code of conduct are not "merely" nor are they arbitrary in this case. The students were openly advocating racist behavior. Excluding a group of people from a fraternity because of their race is racist behavior. The school's code of conduct is written because the school acknowledges its obligation to defend students' rights to free speech, but the school also acknowledges its obligation to defend students' right to learn in an atmosphere where racism and hatred is absent. The school cannot and does not prohibit students' freedom of thought, free to be racist, or freedom of speech. The school can and does prohibit acts of racism which may contribute to an atmosphere of fear and intimidation on a campus where minority students are attending to pursue an education.
While I think the school should complete a full and thorough investigation of this incident before handing down any judgments, I also think that at this point the University's repudiation of this kind of behavior is appropriate.
Not simplistic at all. Rather, it's the attempts to make the students' song/speech, while deplorable, racist, and hateful, something more than it is, that is the problem for the reasons I outlined. Openly advocating racist behavior is not illegal and is protected speech! And while acts of racism are not protected, I'm missing where the students in question here took any action. Why is this so difficult to understand??
And those who are threatening their lives should be dealt with as well. If they are students, they should be expelled as well as any legal actions.
I agree. I wonder if the death threat violence directed toward the fraternity members by others is being pursued by the university or the police? One injustice doesn't excuse another.
So a government entity can violate the constitution as long as they put it in a handbook? Why not make one for landowners, taxpayers, workers, citizens...
Have not had a job for a while have you. Private Corps. have those rules in place and have not been turned back.
It does not sound like they have violated the 1st to me. The students involved are in a place of their own making.
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