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[quote=TimTheEnchanter;38771663]Uh..... don't skip your Con Law class next time when they are discussing the 1st Amendment. There are no hate speech or fighting words exceptions. (but do keep looking)
The university can't expel them for constitutionally protected speech.
It doesn't matter what the university guidelines are, they still can not violate people's constitutional rights.
Here is the student code for the University of Oklahoma. Please tell me which section they violated.
As near as I can tell the president of the university violated his own universities policies as it relates to due process. We have truly entered Wonderland, "off with their heads! Verdict first, trial later!"
I don't know the political leanings of any of the posters, but it seems there are those who think the Constitution's guarantees of free speech mean something and those who don't.
No, how America is supposed to work is that people can say hateful, moronic things and the government defends their right to be moronic. If the university were a private institution, they can right their own rules, public universities can't.
Quote:
Originally Posted by ColdAilment
Didn't know New Jersey had so many racists too...do you really not see what's wrong with singing THAT particular song? "Hang 'em from a noose" IS considered threatening.
In one of the more ironic moments of this whole mess is "Waka Flocka" cancelling a "concert" at OU. Yes, that would be the same Waka Flocka who says "ni**a", every other word, calls women "b*t*hs" and "*oes", talks openly about killing and shooting people, including policemen. Seems he can't stand stand racism he says.
They may not go back to OU, but they may sue and force the university into a settlement for violating the school's own guidelines and for a violation of their free speech rights.
They may not go back to OU, but they may sue and force the university into a settlement for violating the school's own guidelines and for a violation of their free speech rights.
so you are stating you were in this forum earlier, then came back, and yet you feel you are somehow excluded from the bold ????
your logic,not mine.
i spent about 10 mins in this thread and was gone. you have people who have spent all day on this thread going back and forth. big difference between in and out and living on here.
The university can't expel them for constitutionally protected speech.
What constitutionally protected speech? Didn't know there was any type of protected speeches one can make. The school did not imprison them for their speech, but the school is fully within their right to expell the students.
They may not go back to OU, but they may sue and force the university into a settlement for violating the school's own guidelines and for a violation of their free speech rights.
They would have to magically prove that the school violated their freedom of speech. That is what we call an "impossible task" in the real world.
What constitutionally protected speech? Didn't know there was any type of protected speeches one can make. The school did not imprison them for their speech, but the school is fully within their right to expell the students.
No, it isn't.
That's been made very clear about a hundred times already.
Those idiot racist college students have the freedom to say whatever they want. And the university has the right to expel them and close their racist fraternity! This is how America works and this is how America should work!
Disband the fraternity, yes. Expel them? Maybe not; see below.
Quote:
Originally Posted by billydaman
This is wrong. Non-disclosure agreements are signed by people all the time and upheld in a court of law.
Please be advised that I am correct on this issue. The case law on this issue is clear -- see for instance Tinker v. Des Moines ("First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. This has been the unmistakable holding of this Court for almost 50 years."), Healy v. James ("state colleges and universities are not enclaves immune from the sweep of the First Amendment"; "The College, acting here as the instrumentality of the State, may not restrict speech or association simply because it finds the views expressed by any group to be abhorrent"), Papish v. Board of Curators ("the mere dissemination of ideas -- no matter how offensive to good taste -- on a state university campus may not be shut off in the name alone of 'conventions of decency'"; "the First Amendment leaves no room for the operation of a dual standard in the academic community with respect to the content of speech").
So again, if the expelled students decide to bring legal action, it will not be sufficient for the university to simply point to the code of conduct and rest their case.
Quote:
Originally Posted by TimTheEnchanter
Uh..... don't skip your Con Law class next time when they are discussing the 1st Amendment. There are no hate speech or fighting words exceptions. (but do keep looking)
There actually is a "Fighting Words" exception but it is not applicable in this case since their conduct did not threaten to create an immediate breach of the peace.
Last edited by Drover; 03-11-2015 at 01:25 AM..
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The school did not imprison them for their speech, but the school is fully within their right to expell the students. 
