Being kicked out for racism.
Note: this article contains clear and potentially objectionable terms that are critical to reporting this situation.
The case is similar, the punishment is the same.
Even three years ago, many people in the United States at the university of Oklahoma, blessed all clapped two brothers, because they helped lead the racist songs, and recorded, and viral transmission. But, despite widespread support for the decision, closed the Sigma Alpha Epsilon chapter in schools, but legal experts say, it actually contempt of the first amendment rights of students, even the most humble comments as well.
Now, a student at the university of Alabama has faced racial discrimination and national condemnation after playing video to Instagram. The same argument has emerged – is it illegal for a university to be a public institution represented by the government?
Erwin Chemerinsky, a constitutional scholar and constitutional scholar at the university of California, Berkeley, said: “I think the student will have a strong case against Alabama for violating its first amendment rights. “Her speech was protected by the first amendment, although it was offensive and used nicknames.”
Student Harley Barber posted video to Instagram on Martin Luther King Jr. Day. “We don’t waste water because of the Syrian people,” she said, standing near the sink in the original video.
“I like my behavior, like I love black people, because I fucking hate niggers,” the barber barked in video, repeating the title many times.
In the second article, barber seems to respond to the first film criticism, the barber said, since graduating from high school, she want to join her sorority (due to the strong reaction, she already were expelled from the club). She looked straight into the camera and declared that she “didn’t care about Martin Luther King day” and screamed “nigger” over and over.
She said, “I’m in the south now, bitch.
The university told reporters that video had been transferred to the student behavior office. Then, on Wednesday, President Stewart r. bell issued a statement saying that barbour was no longer involved, and that he found the video “very offensive and deeply damaging.”
“We have raised the standards of our students a lot,” bell said in a statement. “we apologize to anyone who has seen the videotapes and been hurt by this outrageous, ignorant, rude behavior.” “It’s not who we are. UA is unacceptable and undesirable here. ”
In addition to the New York post, the hairdresser hasn’t given any interviews, and she has apologized profusely.
“I feel terrible,” she told the post. “I feel so bad, I’m sorry.”
The court has decided that although universities can discipline students, they think it is a threat or harassment, and they cannot punish them simply because it is rude.
For example, Papish v at the university of Missouri. The board of directors, the United States Supreme Court decision in 1973, graduate student Barbara Papish cartoons should not because a rough report was dismissed police rape statue of liberty and the goddess of justice, entitled “lawless”.
“State colleges and universities are not exempt from the first amendment,” the judge wrote in another free speech.
The university believes that statements such as hairdressers constitute a prejudice against the system in chapter vi of the American Civil Rights Act.
When David Boren, the President of the university of Oklahoma, referred to the law, he cited the racist songs of his predecessor, the sigma alpha Epsilon brothers. The song is replaced by the word “if you’re happy, you know,” and “SAE never has a nigger.”
Boren wrote in the student’s deportation letter: “you will be expelled, because your leadership role leads racism and exclusivity to create a hostile education environment for others.
It is not clear what the Alabama student code of conduct might have violated. University spokeswoman Monica Watts says the federal privacy law prohibits further comment in Alabama. Conduct described harassment as any communication – face-to-face, written or electronic – discrimination, for a people, and “so serious, or share the same characteristics objectively offend a reasonable person victims will suffer”. This is in line with the definition of the Supreme Court.
The policy also bans cyber-bullying – the act of “intimidating or deliberately injuring or controlling others or groups”.
Despite barbour’s offensive remarks, pro-civil liberties groups and individuals appealed to Mr. Bell to reverse his decision.
The former American civil liberties union official wrote to bell urging him to reconsider.
The letter was signed by Ira Glasser, a former national executive director of ACLU. Norman Siegel, a former executive director of the New York branch of ACLU; And Michael Meyers, President and executive director of the New York Civil Rights Coalition, a former vice President of the ACLU.
Men write that, from a rational point of view, the impulse to punish haircuts is understandable. But they point out that at different times in history, what has been considered “offensive” has shifted. In the 1960s, during the height of the civil rights movement, the sight of the king and his followers on certain streets in the south was deeply troubling to locals – the protesters were arrested. The first amendment was used to prevent state intervention.
They wrote: “but if the first amendment allows countries to punish those who are extremely ugly offensive remarks, it has the right to other’s comments for the authorities to take the same action.”
The private rights education foundation (FIRE), an academic watchdog group, also questioned the university.
Ari Cohn, a lawyer and director of the FIRE’s personal rights plan, wrote that the barber’s behavior did not meet the harassment requirements. Cohen writes that lesbian, gay, bisexual, transgender and queer might oppose gay marriage, but that doesn’t mean it’s not protected by the first amendment.
“To be sure, many of them were, of course, outraged by barbour’s speech. But any argument about barbour that deprives UA students of the opportunity or benefit of university education is collapsing under their own pressure, “Cohen wrote.
Robert o ‘neill, a former President of the university of Virginia and a senior fellow at the college board of management committee, was the first amendment expert and raised objections.
He said he could see the reason for her deportation, given the intensity of the attack.
“Especially Martin Luther King day,” o ‘neill said.
Students accused of racism and then being punished by universities have won the court battle.
Sigma person of brotherhood at George Mason University (George Mason University) chapters to file a lawsuit in the early 1990 s, when the brothers held a “the ugly female”, one of them dressed as a black woman’s cartoon, face painting, fine wig wearing curlers.
Six Sigma sued to lift sanctions, and the district court upheld the brotherhood. The university appealed, but the United States court of appeals for the fourth circuit also agreed with Six Sigma, citing free expression.
“Public universities have many constitutional means to protect women and minority students. The court of appeal wrote that we must stress that, like other courts, “the way [of its conduct] cannot be constituted by selective speech restrictions”. “Universities should be able to accomplish their goals in some way, rather than be silent on their own opinions.”
Natalia Martinez, a freshman at Georgia state university, recently left her school after appearing on social media to show racial contempt. She had just been suspended from the soccer team there, but later dropped out of college.