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No, it’s not constitutional for the University of Oklahoma to expel students for racist speech
Volokh Conspiracy - Washington Post ^ | March 10, 2015 | Eugene Volokh

Posted on 03/12/2015 8:24:47 PM PDT by QT3.14

Some University of Oklahoma students in the Sigma Alpha Epsilon fraternity were videorecorded singing (as best I and others can tell),

There will never be a nigger at SAE There will never be a nigger at SAE You can hang him from a tree But he’ll never sign with me There will never be a nigger at SAE

University of Oklahoma president David Boren said, “If I’m allowed to, these students will face suspension or expulsion.” [UPDATE: The president has indeed expelled two of the students.] But he is not, I think, allowed to do that.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Oklahoma
KEYWORDS: freedomofspeech; hatespeech; oklahoma; uo
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1 posted on 03/12/2015 8:24:47 PM PDT by QT3.14
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To: QT3.14

No need to expel them. They’ll depart on their own. They’ve soiled their own nests.


2 posted on 03/12/2015 8:26:43 PM PDT by marron
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To: marron

The left needs to expel them, so they cannot readily apply to other institutions.

For the left, it’s about destroying the undesirable.


3 posted on 03/12/2015 8:29:50 PM PDT by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: QT3.14

I’m fairly certain that a dean has discretion in expelling unruly students.

I saw Dean Wormer do it to the Deltas....


4 posted on 03/12/2015 8:31:45 PM PDT by Regal
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To: QT3.14

Question: Why is this a Constitutional issue?
Is the university a government organization, under the jurisdiction of the federal constitution?
Or perhaps it is a State institution?

(And, if it is part of the government [federal or state], which branch does ‘University’ fall under?)


5 posted on 03/12/2015 8:52:10 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

“Question: Why is this a Constitutional issue?
Is the university a government organization, under the jurisdiction of the federal constitution?
Or perhaps it is a State institution?

(And, if it is part of the government [federal or state], which branch does ‘University’ fall under?)”

IT’S BECAUSE THEY TAKE FEDERAL MONEY!


6 posted on 03/12/2015 8:56:36 PM PDT by vette6387
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To: QT3.14

Expelled students will never sue the University of Oklahoma.
They will not sue because they do not want to go to a court room and make fools of themselves.


7 posted on 03/12/2015 8:58:24 PM PDT by Oliviaforever
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To: QT3.14
here is a good link on why Boren is wrong http://www.nationalreview.com/corner/415186/congratulations-university-oklahoma-your-outrage-you-just-violated-law-david-french?fb_action_ids=10203963646715403&fb_action_types=og.shares
8 posted on 03/12/2015 9:05:21 PM PDT by jrd
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To: vette6387
While I'm certainly not a legal scholar, I think the rights guaranteed by the Constitution cannot be undermined by lower level governments or agencies.

For example, local Courts cannot compel a defendant to testify against himself. The rule holds in all Courts, not just Federal Courts.

Likewise, I don't think that the State government can abridge the freedom of lawful speech. I believe that expulsion from the University of Oklahoma based purely on socially objectionable speech is unsustainable.

9 posted on 03/12/2015 9:05:55 PM PDT by TontoKowalski
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To: Oliviaforever
I've seen similar posts over the past couple of days, although I do not know if they're all from you.

Let me clear something up, however, since you seem to believe this to be an impossible act. It would not take many millions of dollars to entice me to stand up in a Courtroom and sing that song.

I could live with the shame. No problem whatsoever.

10 posted on 03/12/2015 9:12:08 PM PDT by TontoKowalski
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To: TontoKowalski

“Likewise, I don’t think that the State government can abridge the freedom of lawful speech. I believe that expulsion from the University of Oklahoma based purely on socially objectionable speech is unsustainable.”

If the U of O were a private institution, it could do as they please, but this is a publicly supported institution and therefore has to completely observe the First Amendment.


11 posted on 03/12/2015 9:12:21 PM PDT by vette6387
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To: vette6387

So then, are recipients of, say, SNAP constrained by the federal Constitution?
What about civilian contractors? Are they bound by the constitution because they receive monies from the federal government?
If not, why not?


12 posted on 03/12/2015 9:15:40 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: TontoKowalski

They are not damaged by millions of dollars for being kicked out of OU.

But, if they walk into that courtroom and sing that song, they will be lucky to land a job as a greater at the local Cracker Barrel.


13 posted on 03/12/2015 9:24:43 PM PDT by Oliviaforever
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To: Oliviaforever
Who's to say the damage isn't that great? It's already been conceded on this thread that their acceptance to any other college is doubtful. They are young, and they've got a full lifetime ahead with reduced wages... and difficulty landing any job, for that matter... because the University unlawfully expelled them and ruined their academic record.

Really, it wouldn't even take that great a lawyer to make the case.

14 posted on 03/12/2015 9:29:35 PM PDT by TontoKowalski
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To: vette6387

“If the U of O were a private institution, it could do as they please, but this is a publicly supported institution and therefore has to completely observe the First Amendment.”

That is absolutely not true.

A student would be expelled if he went to each class every day and stop up and sang the song about hanging black people from trees.

A student would be expelled if he exercised his right of free speech by plagiarizing a paper for a class.


15 posted on 03/12/2015 9:33:53 PM PDT by Oliviaforever
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To: QT3.14

Rule #1: There is always a camera on you!

Rule # 2: When there is NOT a camera on you, refer to rule Number one!

Freedom of speech is dead in America.


16 posted on 03/12/2015 9:34:24 PM PDT by Ruy Dias de Bivar
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To: TontoKowalski

Could you please point to the part of the Constitution that guarantees one the right to attend the University of Oklahoma?


17 posted on 03/12/2015 9:35:41 PM PDT by Oliviaforever
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To: Ruy Dias de Bivar

Nobody is going to serve freedom of speech up to you on a silver platter. You might need to fight for it. Which is, incidentally, a conservative ideal.


18 posted on 03/12/2015 9:36:12 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Oliviaforever

Under the circumstances, the chant might be viewed as disturbing the peace.

We have so much oversensitivity today that it’s easy to grumble about this. After all, how many black people have been called on the carpet for saying uncomplimentary things about “crackers” and “honkies”?


19 posted on 03/12/2015 9:38:04 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: HiTech RedNeck

The OU Students were not arrested.


20 posted on 03/12/2015 9:39:12 PM PDT by Oliviaforever
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