Racists have free speech rights too

Some University of Oklahoma students in the Sigma Alpha Epsilon fraternity were videotaped singing a racist chant that included a reference to lynching. 

University president David Boren expelled two students for “leading a racist and exclusionary chant which has created a hostile educational environment for others.”

Racist speech is protected by the First Amendment, responds Eugene Volokh, a UCLA law professor, in the Washington Post. “Universities may not discipline students based on their speech.” There is no “hostile environment” exception.

Likewise, speech doesn’t lose its constitutional protection just because it refers to violence — “You can hang him from a tree,” “the capitalists will be the first ones up against the wall when the revolution comes,” “by any means necessary” with pictures of guns, “apostates from Islam should be killed.”

Speech would have to be a “true threat” of violence to lose that protection, writes Volokh. Examples would be saying “we’ll hang you from a tree” or “we will shoot you against a wall” to a particular person likely to see it as a death threat.

The university must “respect First Amendment principles” even in the face of “vile and reprehensible speech,” said the ACLU of Oklahoma. “It is difficult to imagine a situation in which a court would side with the university on this matter.”

At the University of Oregon, students argued free speech doesn’t apply to an anti-abortion preacher, writes Robby Soave on Reason‘s Hit & Run.

Allison Rutledge, a history major, told the Daily Emerald she felt emotionally threatened by the anti-abortion activist’s “obscene” sign. She grabbed it and stood on it. “You can’t just show whatever you want,” she said.

Dear Future Mom …

“I’m expecting a baby. I’ve discovered he has Down Syndrome,” an unnamed woman e-mailed. “I’m scared: What kind of life will my child have?”

Your son can have a happy life respond 15 young people with Down Syndrome.

Ontario: Anti-abortion speech is ‘bullying’

Politicians are trying to suppress political speech by calling it “bullying,” charges Hans Bader. He’s got a doozy of an example from Canada: Ontario Education Minister Laurel Broten says Catholic schools can’t tell students abortion is wrong because anti-abortion speech is “misogyny,” which is banned by Bill 13, the anti-bullying law.

Religious schools are subject to censorship, Broten said.

“We do not allow and we’re very clear with the passage of Bill 13 that Catholic teachings cannot be taught in our schools that violates human rights and which brings a lack of acceptance to participation in schools,” she said. …

. . . “Bill 13 is about tackling misogyny, taking away a woman’s right to choose could arguably be one of the most misogynistic actions that one could take.”

U.S. protections for free speech are much stronger than in Canada, but some school administrators have tried to bully students who disapprove of homosexuality, Bader writes.

When a Wisconsin high school newspaper ran dueling student opinion pieces on whether same-sex couples should be able to adopt children, the student who took the “no” side was accused of bullying – which can lead to expulsion — by the superintendent.

However, a conservative Christian student successfully challenged a school “harassment” code that punished students who oppose homosexuality, Bader writes. In Saxe v. State College Area School District (2001), a federal appeals court ruled there is no “harassment” exception to the First Amendment for speech which offends members of minority groups.

‘Unwanted’ girls get new names

Indian girls named “Nakusa” or “Nakushi” — which means “unwanted” in Hindi — have received new names, reports AP.

The 285 girls — wearing their best outfits with barrettes, braids and bows in their hair — lined up to receive certificates with their new names along with small flower bouquets from Satara district officials in Maharashtra state.

Some girls chose popular Bollywood names. A 15-year-old girl named “Nakusa” by her disappointed grandfather chose “Ashmita,” which means “very tough” or “rock hard” in Hindi.

There are only 881 girls for every 1,000 boys in Satara. Neglect of girl babies and sex-selection abortions are common. Periodically, federal or state governments announce free meals and education for girls or cash bonuses for families with girls who graduate from high school.

Via ShortWoman.

Remedial math is ‘burial ground’

Remedial math is a “burial ground for the aspirations” of college students, says a speaker at a Carnegie webinar on redesigning developmental math at community colleges. Only 6 to 8 percent of  remedial algebra students go on to  college-level math.

Also on Community College SpotlightFree speech is under fire at community colleges, charges FIRE (Foundation on Individual Rights in Education).  An Ohio college told a student she can’t hand out anti-abortion pamphlets after class. A Georgia college removed an anti-Confederacy painting from a faculty art show.

Liberty High bans taped-mouth protest

When is a silent protest too “distracting” for school? asks Greg at Rhymes With Right.

At the ironically named Liberty High in Virginia, administrators told students they couldn’t tape their mouths shut to protest abortion because it was a distraction.

In Tinker v. Des Moines, the U.S. Supreme Court said students had a First Amendment right to wear black armbands to school to protest the Vietnam War. Greg asks:

Now tell me, how does tape over the mouth in any way rise to the standard set in this case — “substantial interference with school discipline or the rights of others” — in light of the fact that the tape would be in no way more disruptive than the black armbands in Tinker?

This seems like a fairly clear violation of Tinker. It’s not uncommon for student protesters to tape their mouths. On the annual Day of Silence to protest harassment of gays, students often duct-tape their mouths.