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Abstract: 

When a student uploaded to the web video of a group University of Oklahoma students riding on a bus in connection with a fraternity outing, engaged in a blatantly racist chant using the “N” word, a national firestorm erupted. University President David Boren moved swiftly, revoking university recognition of the fraternity and expelling the students. The action taken by the university raises two questions. The first question is whether the school had the right to withdraw recognition of the fraternity, and this article examines why the courts have ruled that it did indeed have this right. The second question, whether summary expulsion of the offending students violated the First Amendment, is a much more difficult question and is now the subject of litigation. Here, the editors cite a number of precedential cases to predict some of the arguments that will likely be used by the students and university. A review of the case law illustrates how very difficult it is for a university to enact constitutionally valid restrictions relating to on-campus speech. And in the University of Oklahoma case, where the speech occurred off campus, the students’ constitutional protections are even stronger.

Keywords: Christian Legal Society Chapter of the University of California, Hastings College of Law v. Martinez; Hazelwood Sch. Dist. v. Kuhlmeier; Saxe v. State College Area Sch. District

Affiliations:  1: Journal Editor; 2: Journal Editor.