Selective enforcement at OU

[ghost]

Another question should be asked. If it is a bus filled with people, why didn't anyone stand up and say "this isn't funny and it is wrong"? We all have probably heard a racist speak a word or words that are offensive. How many of us have stepped up and said we were offended? Or did we just stay quiet and keep to ourselves? In other words, if no you tube then would nothing have come of this and life goes on? Was video of Ray Rice slugging a woman more offensive with or without the video? It should be offensive either way.

[smustatesman]

As these people on the bus are true knuckleheads........it would be "interesting" to have the ACLU represent the expelled students in a first amendment rights case against OU.

[smupony94]

As these people on the bus are true knuckleheads........it would be "interesting" to have the ACLU represent the expelled students in a first amendment rights case against OU.

An affiliate is already looking onto it

[SMU Section F]

As these people on the bus are true knuckleheads........it would be "interesting" to have the ACLU represent the expelled students in a first amendment rights case against OU.

It wouldn't surprise me at all. For better or worse, the ACLU will defend just about anybody's "freedom of speech" and often goes out of their way to get involved in high profile cases like this one. If one of the SAE's is looking to make a fuss, he won't have any problem getting representation. But my guess is that most, if not all, of the SAEs will want to get away from this and try to move on elsewhere.

[Rebel10]

Freedom of speech does not protect someone that yells fire in a crowded theater and it should not protect these students from getting expelled. They are not going to jail they are getting expelled from school. There was a former African American SMU football player that posted on another board that he and his Afriican American teammates got called the "N" word while walking across the SMU campus. And this happened on more than one occasion. If these students that did that would have been caught would it be okay to expelled them?

[TidePony]

University of Texas at Austin administrators investigate rumors of racist SAE song similar to OU's http://t.co/ossGvO10UC.

And it's turning into a witch hunt...

[Prideful Pony]

It seems at best the ACLU could get the kids re-instated at OU (after a very public trial). Since these kids are probably hoping to be hire-able and un-assaulted, they'll probably just hope this all blows over as fast as possible.

I am curious as to what lengths people think free speech should be sheltered from consequences of their actions. The First Amendment protects from legal ramifications from the government; it only applies here to the extent that you consider a public university the government. So alternatively, would you have the same issue if it was an SMU student yelling it in the face of one of our players? It'd no longer by protected speech.

[SMUPhil]

So alternatively, would you have the same issue if it was an SMU student yelling it in the face of one of our players? It'd no longer by protected speech.

I think at that point it could be considered assault or harassment, definitely to go up to someone's face and say that. Joking around with your friends in privacy? And someone happened to record it? I don't think that's quite the same thing.

[East Coast Mustang]

Unpopular opinions, no matter how abhorrent, should receive First Amendment protection. Threats of violence should not. It's tough to see how this instance could realistically rise to a threat of violence that would cause it to lose Constitutional protection

[alyssa]

Racism happens to us everyday.

Looking over the thread I am reminded of the anti drug commercials where the child tells the parent, "I learned it by watching you."

And now I could tell ya somethin' that could break your heart, if ya have one.

[footballdad]

Singing on a bus is not even on the same planet as yelling fire in a crowded room, or getting in a black player or students face and calling them the N word.

Last time I checked this is still Amerika.

[Rebel10]

Unpopular opinions, no matter how abhorrent, should receive First Amendment protection. Threats of violence should not. It's tough to see how this instance could realistically rise to a threat of violence that would cause it to lose Constitutional protection

So what should have been done to those that called the SMU football players the "N" word as they were going across the SMU campus if they had been caught? Nothing? Even at the basketball game the announcer says that they will remove anyone student or otherwise if the use racist slurs at the game. Do you think that should be stopped because of free speech?

[Rebel10]

Singing on a bus is not even on the same planet as yelling fire in a crowded room, or getting in a black player or students face and calling them the N word.

Last time I checked this is still Amerika.

I know it is not the same thing but just saying the free speech argument can't be used to stop any type of disciple to be handed down. And I don't know if they got in the players face or not. Does it make a difference whether it was in their faces or from long distance? From the way he explained it it sounded like they were walking across the campus and someone yelled at them calling them the "N" word. I seriously doubt a person would get in a few football players faces and say that to them though.

[Rebel10]

So alternatively, would you have the same issue if it was an SMU student yelling it in the face of one of our players? It'd no longer by protected speech.

Joking around with your friends in privacy? And someone happened to record it? I don't think that's quite the same thing.

So it is better to be covert than overt when it comes to racism?

[East Coast Mustang]

Unpopular opinions, no matter how abhorrent, should receive First Amendment protection. Threats of violence should not. It's tough to see how this instance could realistically rise to a threat of violence that would cause it to lose Constitutional protection

So what should have been done to those that called the SMU football players the "N" word as they were going across the SMU campus if they had been caught? Nothing? Even at the basketball game the announcer says that they will remove anyone student or otherwise if the use racist slurs at the game. Do you think that should be stopped because of free speech?

I believe a private school could discipline students for inappropriate speech since they are not a state school. EDIT: If I were a student disciplined at a private school I would argue that they still accept public subsidies through grants and federal student loans (kind of like how private schools like SMU still have to follow Title IX) and therefore have to play by the same Constitutional rules as public schools. A court probably wouldn't find that a private school accepting federal subsidies and disciplining students rises to the level of state action, though.

As for sporting events, even if you're in a public arena, I think your admission there is a revocable license, and it likely says on your ticket that you can be ejected for improper conduct. Buying a ticket and walking into the arena would probably be viewed as a acceptance of those terms.