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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.
They can't that's why they probably won't be expelled. The school president has said as much when asked about expulsion. However the school maybe able to get away with it if they were trying to incite violence. While the song was violent it didn't necessary incite violence.
My wife belonged to a sorority at a Big Ten school and she was responsible for teaching her "sisters" all the old sorority songs, some of them would make a biker blush but none were racist. The songs were definitely a part of the history of the organization and were handed down as a part of the legacy of the sorority. I have a hard time believing that these kids weren't just parroting one of these old stupid songs. The lyrics sound like they are from a different century.
It used to be socially acceptable to use the word n****r, too, but those days are long gone. One would think the members of this frat would understand that. And I bet if they didn't before, they do now. Good life lesson for these guys.
"The government" is not going to arrest these kids. But the school might expel them. And it would absolutely be within the school's right to do so. I hope they do.
So you never heard of a code of conduct? Every school has one.
Nope it's a state school and students free speech rights have been litigated before. Hence why you can burn an American flag on campus without repercussions.
If they could be legally expelled they would have been expelled by now.
I know the constitution and the only exceptions to free speech are libel and slander.
They were free to express themselves in any way they chose. No one has deprived them of that constitutional right. However, contrary to a popular misconception, the right to free speech does not confer freedom from the consequences of that speech. They can say whatever they want, but for speech that, for example, advocates lynching people because of their race, there will be consequences.
They are now being given the opportunity to experience the consequences of their speech. They are still free to hold and express whatever opinions they choose, but that does not mean others have to be forced to interact with them or provide them with a taxpayer-funded platform for their expressions of hate or threats of violence.
Freedom of speech is only freedom if the speaker is allowed to say things that are unpopular and not PC. So flag burning is free speech. "Kill cops" is free speech, but college students being racist is not free speech? What country is this again?
Nope it's a state school and students free speech rights have been litigated before. Hence why you can burn an American flag on campus without repercussions.
If they could be legally expelled they would have been expelled by now.
If you sang it at work, would you not expect to be fired?
Except that these students were not at work and, as students at a public university, their speech is protected by the First Amendment. It's similar to police officers being fired for making racist statements off the job; such statements, though they were uttered off duty, do not protect police officers from being fired under the First Amendment as they create an atmosphere of distrust and prevent the officers from doing their job/threaten the department from being able to function. Note, the decision to disband the fraternity/close their house is constitutionally suspect on First Amendment grounds as well, but this point is ultimately moot as the national SAE chapter has done the same thing. True, students agree to be bound by a code of conduct, which likely prohibits such racist behavior (and, make no mistake about it, while I may view the school's proposed/planned disciplinary actions against the students as constitutionally suspect, the students' actions were DISGRACEFUL AND RACIST), but the code of conduct does not absolve the University of adhering to the text of the First Amendment.
At the end of the day, the students' language, while disgraceful and hateful, is being targeted simply because the University, etc., finds it in poor taste/hateful. But, as a public institution/body, the University cannot take action against persons merely because it finds their speech to be in poor taste; that's precisely what the First Amendment protects against.
"The government" is not going to arrest these kids. But the school might expel them. And it would absolutely be within the school's right to do so. I hope they do.
So you never heard of a code of conduct? Every school has one.
I'll play advocate here: there are numerous examples of kids at Berkeley making similar comments against a sitting President, white males, and CEO's. I recall at least one event that included an effigy of Bush and a noose. All protected speech.
I'm not defending the kids in Oklahoma. The national organization has every right and obligation to shut them down. But if we are going to expel kids for stupid comments, Cal would lose half its students. Certainly students suggesting that all CEO's be burned at the stake or lined up and shot is just as hateful. But hey, it's Berkeley.
Freedom of speech is only freedom if the speaker is allowed to say things that are unpopular and not PC. So flag burning is free speech. "Kill cops" is free speech, but college students being racist is not free speech? What country is this again?
You are confusing free speech with consequences resulting from the exercising of free speech. They are two different things.
These students were not arrested for exercising their free speech. It doesn't mean, however, that they will not have to face the fallout of doing so.
It's a good time for them to learn that in the real world, actions have consequences.
These OU students were singing a racist song and the singers all knew the words to this despicable song. How anyone can defend this fraternity's behavior is beyond me. This "singing" was as hateful as it gets and in my opinion these men deserve the condemnation and consequences they are receiving from the press, the public, and the school.
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