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After Quick Expulsions, U. of Oklahoma Taking Heat on Free Speech and Due Process

FIRE has serious concerns about the University of Oklahoma鈥檚 (OU鈥檚) disregard for the free speech and due process rights of two students who were told yesterday they would be expelled from the university for their participation in a 鈥渞acist and exclusionary chant鈥 that was . As I wrote on The Torch yesterday, the language in the video is constitutionally protected, and OU is legally and morally bound by the First Amendment not to punish students for speech merely because it is offensive or hurtful.

Parker Rice, the first of the two students to be publicly identified, that he withdrew from the university. Parents of Levi Pettit, the second student, have also publicly apologized. These statements, however, should not alleviate concerns about OU students鈥 rights. Even if neither of these students choose to challenge OU鈥檚 actions, their punishment remains a threat to freedom of expression on campus, and no student can be sure what action administrators may take against them with no notice or meaningful opportunity to be heard.

A growing number of media outlets are pointing out that whatever one鈥檚 personal feelings about the chant in question may be, the university鈥檚 actions are inconsistent with our nation鈥檚 broad free speech protections. For example, the took the question back a step for those less familiar with First Amendment jurisprudence, citing the Supreme Court鈥檚 consistent reiteration of the principle that 鈥渢he mere dissemination of ideas鈥攏o matter how offensive to good taste鈥攐n a state university campus may not be shut off in the name alone of conventions of decency.鈥 Constitutional law professors including , , and have faulted OU on First Amendment grounds as well.

Some observers have also emphasized the practical reasons why punishing students for racist speech is ineffective or even counterproductive. aptly remarked yesterday that 鈥淸e]ducation would be better鈥濃攖hose who strive to combat racism should engage with those who contribute to it, perhaps changing their thinking instead of just their behavior. FIREwholeheartedly agrees that the best answer to speech with which one disagrees is more speech, not punishment.

shares 果冻传媒app官方鈥檚 concerns about due process, as well. As he points out, OU has that dictate that students facing punishment for conduct code violations must receive notice of the charges against them, a meeting to discuss the charges with the Student Conduct Office, and a hearing if timely requested. The procedures even afford students additional safeguards when they are facing expulsion. Yet Rice and Pettit were informed by the university president鈥攏ot the conduct board鈥攖hat they were to be expelled based solely, apparently, on of the case. And Boren鈥檚 letter does not even specify what part of the student conduct code Rice and Pettit supposedly have violated鈥攖he most basic information they would need in order to defend themselves against punishment by the university.

do allow for 鈥減rompt action鈥 where 鈥 there is substantial concern for the health, safety, or welfare of a member of the University community.鈥 However, it is doubtful that this provision could be validly applied in this case. For one thing, it is unclear how a chant about black students鈥 exclusion from a fraternity could be deemed a safety concern. Secondly, according to , university legal counsel Anil Gollahalli characterized the case as an academic matter. This labeling, the outlet reports, allows the university to expel students without approval by the board of regents, but it also precludes any argument that the students needed to be kicked off campus immediately. After all, how many genuine academic disputes pose any physical danger to the campus community?

Unfortunately, not all civil liberties advocates are taking a strong stance in favor of student rights. The American Civil Liberties Union of Oklahoma (ACLU OK) understandably denouncing racism and encouraging the administration to respect students鈥 due process rights. Another on ACLU OK鈥檚 website mirrored Bouie鈥檚 argument that counter-speech is the most effective response to hateful speech. Disappointingly, however, the ACLU chapter鈥檚 remarks have failed to note that OU has ignored its own policies in dealing with Rice and Pettit and taken action against them for speech that is鈥攈owever despicable ACLU OK or others find it鈥攑rotected under the First Amendment.

, 鈥淔rom everything we鈥檝e seen it appears the university has stuck by their commitment to due process.鈥 But how is Boren鈥檚 letter informing Rice and Pettit of their expulsions from the university鈥攚ithout notice of what student conduct code provision they have violated, and before any hearing on the issue鈥攃onsistent with OU鈥檚 written procedures? And how could the punishment meted out without following those procedures be viewed as a 鈥渃ommitment to due process鈥?

It is also disappointing that ACLU OK has not, as others have, spoken about the First Amendment problem inherent in punishing speech simply because it is racist. Even if ACLU OK is unsure whether the chant created a 鈥渉ostile environment鈥 that must be addressed by OU ( it falls far short of this standard), the interest in ensuring that expression on campus is not unduly chilled or unlawfully punished is strong enough to merit comment by any free speech advocate. This is particularly true with respect to the ACLU, which has a hateful speech from government censorship.

Unless the two students decide to fight back, the university may indeed get away with violating their constitutional rights this time. But other students should be vigilant, because it is only a matter of time before OU takes action against someone else for their protected speech, or moves to expel another student without due process. In order to understand their rights, students at OU and elsewhere should read 果冻传媒app官方鈥檚 Guide to Free Speech on Campus and our newly revised Guide to Due Process and Campus Justice.

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