martybegan
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- Apr 5, 2010
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That's the same simplistic, idiotic argument all liberals use: "The college has a code of conduct therefore the expulsion was constitutional."Since the university no doubt has codes of conduct and a bunch of legalese that probably none of these drunk frat boys bothered to read before they signed, not so much.
Oh, look everyone, Mac is coming out in favor of racist frat boys.
But they don't wonder whether the code of conduct was broken at all. The relevant section in the code of conduct says that the harassment has to be based on a protected class and "so severe, pervasive and objectively offensive that it effectively keeps the targets of discrimination from getting an education,” says Robert Shibley, executive director of the Foundation for Individual Rights in Education. Link SAE s speech may be protected by First Amendment - OUDaily.com News
Will OU show a judge that someone was kept from getting an education because of this video? Who are the "targets" in the video?
Then we see what legal experts say: "the code could not take precedence over First Amendment rights." Link http://www.nytimes.com/2015/03/12/u...oma-students-leads-to-free-speech-debate.html
Related: Why expelled Oklahoma frat boys would have an excellent chance in court - The Washington Post
But if the University did nothing, they could have faced a Title VI lawsuit from the Civil rights act of 1964 by allowing racial discrimination. Thus hurting their image as a university and potentially losing federal funds.
The university was put in a rock and a hard place. However, the fraternity national chapter disbanned the fraternity before OU kicked them off campus so it's going to be a tough win. Also, those students were kicked off for "Creating a hostile education environment" so that's likely going to be upheld because its obvious that they did.
The school would not be liable because they did not endorse what the Frat did.
"Creating a Hostile Environment" Charges are merely an attempted end run around the 1st amendment.
But if they didn't kick them out, the public opinion would be they implicitly endorse the mentality of the fraternity.
That hurts recruiting not only for football but for their university as well. Why risk the future of your university on 2 idiots?
So you want to deny people due process and constitutional rights because of Football?
So the mob wins every time? So only speech everyone likes is protected?
Do you people even consider what you are proposing?
What's next? We expel Christians who oppose gay marriage because it creates a "hostile environment"?