Tuesday, April 14, 2015

SAE Ban

I am a pretty big proponent of the Bill of Rights, and all of the rights that we were given because of it. The first one, the amendment that allows for freedom of speech, is a cornerstone of the United States and separates us from many other countries around the world. People often get confused however, on exactly what freedom of speech entails. Basically, all case law after its inception aside, freedom of speech means that American citizens can say whatever they want and cannot get punished by the United States government. This does not mean that you can say whatever you want and not get in any trouble from anyone in the United States. Unlike the United States constitution, universities and fraternities do not have a First Amendment that allows for you to say anything that you want. This is because universities and fraternities have set core values that one usually cannot go against, as it will generally result in a removal from that institution. One of these values is anti-racism. Students cannot go around promoting racism at a university because can create a hostile learning environment, plus it makes the university look bad. They can do this because you are not being forced to attend this school or pledge a fraternity by the government, and they only accepted you in these institutions because they thought that it would be beneficial for the school. The same concept applies for jobs; if you work somewhere, they have every right to fire you if you do something that go against what the company believes in. Therefore, this is not at all a first amendment issue. Now, if the government were to detain these two individuals for the racist remarks, then it would become a first amendment issue. That's the beauty of Freedom of Speech; you can say whatever you want, and the government cannot punish you, but any non-governmental organization that you are apart of sure as hell can.

2 comments:

  1. Excellent point Brady. There is a lot of confusion on exactly what the first amendment protects, and one of the most common confusions is thinking that it protects anyone from any consequences that might accrue from what they say. It only prevents the government from suppressing their right to say what they would like to say.

    ReplyDelete
  2. I agree with Dr. Herron, this boys in SAE were exercising their write to free speech as they were not arrested for being racist. They were punished by the fraternity which is a private institution and they are permitted to choose who they would and would not like in the fraternity. The fraternity said these were not the atypical SAE's and these boys are not portraying the values held up by SAE. So SAE has every right to punish them for what they were doing, but the Government has no right to punish them.

    ReplyDelete