UCLA Law Professor Claims University Of Oklahoma Had No Constitutional Authority To Expel Racist Chanters
Eugene Volokh, who teaches free speech law at UCLA School of Law, says members of the SAE fraternity that took part in the chant heard round the world are protected by the First Amendment, and, as a result, shouldn’t have been expelled from the University of Oklahoma, at least not for the reason they were expelled. Volokh thinks expelling students on the basis of a racist chant sets a poor precedent, setting the university on a slippery slope, and explains why in two columns written for the Washington Post.
Consider the president’s statement to the students: “You will be expelled because of your leadership role in leading a racist and exclusionary chant which has created a hostile educational environment for others.” Similar things could be said about a vast range of other speech.
He goes on to give several examples.
Black students talking to each other about how all whites are racist, and white cops — and maybe other whites — should get shot? Again, that could be labeled racist and exclusionary speech that, when publicized, can create a hostile educational environment for whites.
And he goes on…
Likewise, students talking about how they think homosexuality is evil, and that homosexuals shouldn’t get equal treatment? Could be called bigotry based on sexual orientation and exclusionary statements that, when publicized, can create a hostile educational environment for gays. Students talking about how women are inferior to men, or men are inferior to women — same thing.
Volokh definitely brings up an interesting point, and although he does feel the speech was “repugnant,” as do all rational people, that doesn’t mean it isn’t protected by the constitution.
If the University of Oklahoma president’s position is accepted as legally sound, then there’d be no legal basis for protecting the other kinds of speech while expelling students for this sort of speech.
While everyone that took part in the extremely racist and hateful chant is certainly deserving of removal from the university, it seems the grounds on which they were removed could become a national talking point. .
[via Washington Post and Washington Post]
Image via OU.edu
Freedom of speech doesn’t mean freedom of consequence.
11 years ago at 12:01 pmIt does mean freedom from consequence dished out by any arm of the government, like a public school.
11 years ago at 12:10 pmIm pro-free speech all day long, but it does seem like a violation of student conduct code. I wonder if they could sue for the tuition money lost after being expelled
11 years ago at 3:21 pmLol yes………….it does. SMH
11 years ago at 2:11 pmHes right, despite how much i hate those geeds.
11 years ago at 12:01 pmYou could also argue that he’s not. Even I (as black member of my frat) don’t think they should’ve been expelled, but the school probably has a right to decide who attends, regardless of whether it’s private or public. Obviously private schools have greater discretion in these situations, but schools can kick you out for a number of shit. It’s probably somewhere in the student conduct code and the other docs you sign to attend. Just like you can get kicked out for rape, assault, or even not maintaining a certain GPA, same thing applies. It’ll be interesting to see if this goes to court though.
11 years ago at 2:38 amThose boys should have added God to the mix. Cause baptist church seems to still be doing well.
11 years ago at 12:02 pmJust stop.
11 years ago at 12:31 pmWhat are you even talking about?
11 years ago at 12:37 pmIf they deserved to be expelled, so did the football player who said fuck those white motherfuckers
11 years ago at 12:02 pmThat would just start another riot
11 years ago at 12:15 pmExcept the rioters would be hypocrites. “Only minorities can say racist things, not white people” Double standard.
11 years ago at 12:20 pmI went to my college’s gym yesterday, and I heard the N word (I really want to type it out right now, but censorship and all…) multiple times in the rap songs the SCHOOL was blaring over the speakers. Political correctness really is a one way street.
11 years ago at 1:03 pmLet them riot. Fair is fair.
11 years ago at 12:26 pmIf you stop the rioting you’re just oppressing their voice. Shitty that their “voice” is based on rioting.
11 years ago at 1:59 pmRioting and voicing your opinion are two very different things
11 years ago at 3:59 pmWhich is why their default reaction is always riot.
11 years ago at 8:43 pmWait a minute… Black people can’t be racist. Everyone knows that! *Sarcasm*
11 years ago at 12:20 pmThe latest hypocritical thing from OU is reinstating Joe Mixon to the football team after he broke a chick’s face.
11 years ago at 1:59 pmHe’s an All-American. So definitely can’t do that.
11 years ago at 3:19 pmMoney talks haha
11 years ago at 5:01 pmI really really want to say fuck this logic but I can’t think of a hole.
11 years ago at 12:04 pmConstitutionally they had no right expelling them but they violated the student code of conduct by creating a “hostile learning environment”.
11 years ago at 12:05 pmThis makes me think of what would happen if a school made a neo-nazi club or if like a school had their own branch of the KKK. Yes, It’s freedom of speech and expression, but it makes the learning environment for a large population of people a lot more dangerous and would be sure to outrage the country.
11 years ago at 12:22 pmI’m positive there are secret clubs like that. That retard who filmed it needs to get slapped around a little.
11 years ago at 12:43 pmI would say the Eric Striker video also created quite the hostile learning environment.
11 years ago at 12:27 pmHe’s not a 18-25 year old white male in a fraternity though. Most people see us as the root of all evil for whatever fucking reason. Blah blah white privilege bullshit.
11 years ago at 12:42 pmThey could appeal their expulsion and very likely win the closer the case got to the Oklahoma supreme court, but the damage is done. They very likely did violate the student code of conduct which in and of itself probably contains numerous breaches of the constitution.
11 years ago at 12:46 pmThey could appeal and probably win but they’re fucked regardless. Those two are going to be viewed as high-risk anywhere they go.
11 years ago at 12:51 pmThis whole thing is despicable, and some of them do deserve to be kicked out of school for being racist pricks, but calling it a “hostile learning environment” for private speech off-campus, outside the classroom or any university-affiliated event, is a load of BS.
11 years ago at 1:58 pmBy definition, hostile learning environment can only be just that if it hinders a particular group of students from doing what the schools goal is, which is to learn. This did not stop anyone from doing anything.
11 years ago at 2:10 pmWe live in a hypersensitive world nowadays. What they did was terrible but in our society today if you tell one racist joke you’re labled as a klansmen.
11 years ago at 3:07 pmHonestly they should’ve been expelled for their own good, the OU would’ve looked like complete ignorant assholes if they left them enrolled. Keeping those kids on campus would enrage blacks beyond belief and they probably would’ve been targeted, while OU would appear tolerant to racist activity to the rest of the world for not taking substantial action.
11 years ago at 12:05 pmMeanwhile blacks can say all the racist things they want and that’s ok.
11 years ago at 12:11 pmCertainly, but still doesn’t justify expulsion from a public school; lawfully, they should’ve been encouraged to leave, citing all the points you just made.
11 years ago at 12:12 pmShould have went to Okie State..
11 years ago at 12:23 pmThis is the seventh (7) article about this incident. I think it’s time you guys found some new material.
11 years ago at 12:11 pmI don’t know, it’s a pretty big national story that deals directly with Greek Life at a major public university in a year where Greek life has has its share of controversies. I’d say posts about it are a good thing.
11 years ago at 12:15 pmThey’re getting traffic to their site, I don’t see it stopping anytime soon. As much as I hate hearing about it.
11 years ago at 12:20 pmA TON of traffic I assume. Any story involving racism or sexism draws a crowd and brings in the money. Gotta keeping milking this cow, unfortunately.
11 years ago at 1:01 pmI’ll take my laps for the typo as well as apologizing for it with this comment.
11 years ago at 1:03 pmThanks for clarifying what the number seven looks like
11 years ago at 12:22 pmHe’s absolutely right. If it were a private university, whole different story. But you have the right to be a racist asshole in America, without any arm of the government, including a public university, coming down on you for it.
11 years ago at 12:11 pmYeah, the KKK is still allowed to exist for a reason. It’s disgusting, but idiots will be idiots. On one hand, I doubt that they were actually planning on hanging any black people from trees so it probably can’t be considered an imminent threat. On the other hand, I do think they’re serious about not letting a black guy pledge with them at OU, seeing as it has never happened (to my knowledge). Free speech is free speech, but you can’t use it to intentionally cause harm to people. SAE has every right to be racist as fuck, but if they choose to do so they lose all right to being affiliated in any way with a publicly funded university.
It’s a slippery slope. I think all of this is solved by “don’t be a racist douchebag” to be honest.
This is relevant:
http://xkcd.com/1357/
11 years ago at 12:26 pmOu SAE has had two black brothers but the most recent was 15 years ago
11 years ago at 12:52 pmOh, okay. My bad for assuming. Taking laps now.
11 years ago at 11:43 amPublic universities aren’t the government and public schools are allowed to regulate speech. It’s already a constitutional precedent. Slippery slope arguments are also logical fallacies. This guy is a shitty law professor. That being said, expelling them is retarded.
11 years ago at 2:24 pmName precedent please? That’s actually incorrect. Limiting of free speech by the government or governmental institutions is unconstitutional. What they did is wrong but setting that precedent is a violation of the 1st amendment. See the civil rights protests.
11 years ago at 7:35 pm>Public universities aren’t the government
By definition, public universities take money from the government, meaning they’re subject to governmental interpretations of the First Amendment.
11 years ago at 11:45 amNationals can come down on them as hard as they want tho.
11 years ago at 11:33 pmIt has to suck being the dean in this situation. Do you be technically correct and hear it from the libs and blacks for not expelling the kids, or morally correct and hear it from guys who know their shit? It’s a great world we live in.
11 years ago at 12:14 pm