Will expelled OK students sue their way back in?

[tailfins]

This is even from the left wing Washington Compost!


No, it’s not constitutional for the University of Oklahoma to expel students for racist speech [UPDATED in light of the students' expulsion]




How long this sort of misbehavior should dog a person is an interesting ethical question, but in any event it’s pretty clear that the offending students are going to pay a substantial social and likely economic price for their actions.
Under the First Amendment, though, the government — including the University of Oklahoma — generally cannot add to this price, whether the offensive speech is racist, religiously bigoted, pro-revolutionary, or expressive of any other viewpoint, however repugnant it might be.

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/10/no-a-public-university-may-not-expel-students-for-racist-speech/

[Kathianne]

This is even from the left wing Washington Compost!





http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/10/no-a-public-university-may-not-expel-students-for-racist-speech/

The courts have been consistent that even racist speech is protected by the First Amendment. I don't think expulsions will stand.

[Tyr-Ziu Saxnot]

They should sue. If they sue they will win a large settlement. I hope that they sue for at least 100 million dollars.
The government and its education system is now so lib/socialized that it can not see that such speech (even if repugnant) is "protected speech", otherwise why have FREEDOM OF SPEECH if it only protects selected speech! As that would negate its purpose altogether.
What is even better for the students is the very real damage done to them will make grounds and success for a lawsuit a slam dunk IMHO.

The Dean of that university may be a hero to many but if sued the extra zeroes added onto the payment to the students harmed will eventually catch up to him and his un-American and stupid decision.

I do not condone what those students did but the reaction and harm caused by the punitive measures the university chose to carry out was even worse!
Sue the liberal bastards please... -Tyr

[jimnyc]

At minimum, I hope they sue to get back in. The precedent it would set is scary. The school is going to claim "code of conduct" and the students are going to claim the 1st amendment.

[fj1200]

The courts have been consistent that even racist speech is protected by the First Amendment. I don't think expulsions will stand.


At minimum, I hope they sue to get back in. The precedent it would set is scary. The school is going to claim "code of conduct" and the students are going to claim the 1st amendment.

These types of cases are interesting. They do not have a right to attend that school so one could presume that they don't have a right to stay if they violate the code of conduct which governs their behavior. The school isn't infringing their speech rights, they are merely saying that you can't stay here.

[Gunny]

They should sue. If they sue they will win a large settlement. I hope that they sue for at least 100 million dollars.
The government and its education system is now so lib/socialized that it can not see that such speech (even if repugnant) is "protected speech", otherwise why have FREEDOM OF SPEECH if it only protects selected speech! As that would negate its purpose altogether.
What is even better for the students is the very real damage done to them will make grounds and success for a lawsuit a slam dunk IMHO.

The Dean of that university may be a hero to many but if sued the extra zeroes added onto the payment to the students harmed will eventually catch up to him and his un-American and stupid decision.

I do not condone what those students did but the reaction and harm caused by the punitive measures the university chose to carry out was even worse!
Sue the liberal bastards please... -Tyr

Hannity was backing the decision and two blacks were against it. I expected little else from the politically correct, GOP mouthpiece. I got a good dose of why I quit watching him though. He's Hannity; it's his show; he wins.

Therein lies the rift on the right. Conservatives vs the talking head, PC GOP. The two black guys were right -- the Constitution protects ALL speech.