“Woke up an optimist / Sun was shinin’, I’m positive / Then I heard you was talkin’ trash / Hold me back, I’m ’bout to spaz.” — Kanye West
On Tuesday, University of Oklahoma’s President David Boren expelled two SAE fraternity members from the school for their “leadership role in leading a racist and exclusionary chant which has created a hostile educational environment for others.”
By now you probably have seen and heard the infamous lyrics that some of Sigma Alpha Epsilon members gleefully sang on their bus. Some legal scholars believe it is unconstitutional for the University of Oklahoma to have expelled the fraternity brothers of SAE for their racist chant. In a recent post, Eugene Volokh writes:
First, racist speech is constitutionally protected, just as is expression of other contemptible ideas; and universities may not discipline students based on their speech… Likewise, speech doesn’t lose its constitutional protection just because it refers to violence — ‘You can hang him from a tree…’
Continue Reading on AbovetheLaw.com
Related Column: Balancing the First Amendment vs. racist chants at the University of Oklahoma (by Noah Feldman)
“Wonder how they would feel if our lives got criss-crossed / What if you lost your homie and you felt like Kriss Kross? / Double cross, I swear that Christians don’t even get this cross.” — Big Sean
This week, I attended a presentation where the speaker implied Obama was a communist. After he was criticized for some of his remarks, he warned the audience, “political correctness is as pernicious as McCarthyism.”
In Jonathan Chait’s New York Magazine article “Not a Very P.C. Thing To Say – How the Language Police are Perverting Liberalism,” he compares political correctness to Marxism. Chait tells his readers:
I am white and male, a fact that is certainly worth bearing in mind…. If you consider this background and demographic information the very essence of my point of view, then there’s not much point in reading any further…. The internet has shrunk the distance between p.c. culture and mainstream liberal politics, and the two are now hopelessly entangled…. The p.c. style of politics has one serious, possibly fatal drawback: It is exhausting. Claims of victimhood that are useful within the left-wing subculture may alienate much of America….
Author: Howard G. Franklin
Today, my novel, Gideon’s Children, is being released, for which I am both extremely excited and equally grateful. My excitement is on high, because finally G.C. now has the opportunity to contribute to the growing discussion about the need to improve the workings of our Criminal Justice System, and thereby protect the individual constitutional rights that are the cornerstone of America’s democracy. And I feel so tremendously grateful, due to my gigantic good fortune in having such an oceanic body of family and friends who have enthusiastically supported my endeavor and continue to cheer me on. To those of you who have shared life with me for many years, heartfelt thanks are warmly flowing your way. And to new friends who I have not yet had the pleasure of meeting in person, individuals such as the renowned litigator and legal scholar, Michael Tigar, and the brilliant young columnist Renwei Chung for the highly regarded website Above The Law, who gifted G.C. with such favorable reviews, heartfelt thanks are also flowing to you.
The second hopeful beginning that I wish to share with you today also engenders both excitement and gratitude. Since I began my blog, its theme has been the vital importance of the judicial branch of our government, and the crucial need to improve the workings of our Criminal Justice System so as to protect individual constitutional rights and maintain the Rule of Law which founds American Society.