First Amendment Debate Rages over Ariz. Frat’s Behavior

Anne Ryman, USA Today, January 23, 2014

Just as social media played a big role in spreading images of partygoers at a controversial Arizona State University fraternity event on Martin Luther King Jr. weekend, Twitter and Facebook have buzzed with debate over whether their behavior was racist and if it was free speech.

Many condemned the students’ actions at the Tau Kappa Epsilon fraternity party, which included partygoers wearing stereotypical hip-hop clothes and posing with hollowed-out watermelon cups, according to photos posted on the Internet.

{snip}

Others felt university officials would be going too far if they expelled students who went to the party, arguing that the behavior, although offensive, still fell under the umbrella of the First Amendment.

On Thursday night, the university released a statement saying it has notified the fraternity that its recognition as a fraternity chapter at ASU has been permanently revoked.

University officials are still investigating and deciding how to handle individual cases of student discipline.

{snip}

The Constitution prohibits government entities, including state universities such as ASU, from interfering with freedom of speech. But the U.S. Supreme Court has upheld exceptions, including speech that would incite reasonable people to immediate violence, harassment or threats or intimidation.

All the facts aren’t known, but the party incident raises questions about the intent of the speech, said Dan Pochoda, legal director of the American Civil Liberties Union of Arizona.

“It does appear it was a conscious attempt to degrade an entire race, and anyone taking part in such action would know it increases the difficulty of students of color to participate in the educational community,” he said.

{snip}

ASU officials put the Tau Kappa Epsilon fraternity on interim suspension Monday after receiving reports that fraternity members hosted an unregistered party on Sunday with racial overtones and underage drinking.

Local civil-rights leaders demanded that the university revoke the fraternity’s recognition, which means they couldn’t recruit members or hold meetings on campus.

They also want ASU to expel students who went to the party and take steps to create a “more accepting environment” at the university.

They threatened to boycott the university’s athletics and a fundraising campaign to rebuild Sun Devil Stadium unless their demands are met.

ASU is investigating the fraternity for four possible violations of the student code of conduct:

— Engaging in discriminatory activities.

— Off-campus conduct that may present a risk or danger.

— Violation of laws governing alcohol.

— Violation of earlier disciplinary sanction.

At the time of the party, the fraternity was on university probation for a fight in November 2012, when police reports say fraternity members confronted a rival fraternity member, an African-American, and beat him. He suffered a broken jaw, a concussion and cuts.

{snip}

Gene Policinski, chief operating officer of the Newseum Institute in Washington, D.C., believes the Constitution protects the students’ right to dress in the manner they did as well as their offensive comments.

The Newseum is a nonprofit media education organization that includes the First Amendment Center.

{snip}

The fraternity also may have a contract with the university that outlined expectations, which would be a separate issue from free speech.

{snip}

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  • Druid

    Interesting how young people have it right. Just keep needling and at some point, the academic bums will overplay their hand. Once that happens, this whole house of cards will come tumbling down right in front of everybody’s eyes.

  • NeanderthalDNA

    Nothing in the constitution gives the University the right to shut them up. They need good legal representation and they need to go on the offensive.
    They need to sue. They need to attack.

  • MekongDelta69

    Get back to me when they wring their hands as much as when black frats/groups/people go berserk on Whites, and nothing happens.

  • Arizona State University is a public institution, so I do think the First Amendment is legally and morally relevant here.

    But I still think the more pregnant question and the better way to approach and attack the the matter is one of pure racial power. The reason the race issue is a far better fit is proximate causation: If the frat didn’t do anything with racial connotations, they wouldn’t be in “trouble.”

  • ncpride

    Why don’t these kids take their money and tell ASU to shove it? Why stay there and be subjected to this nonsense? Let us hope all those kids are hard core race realists now that they see just how marginalized and powerless they really are.

    • NeanderthalDNA

      They have every right to be there and to not be harassed. Pool their money and hire attack dog lawyers.

      • ncpride

        That would be fabulous and I would love to see them fight back, but I just don’t think that’s what will happen. If they are not planning a pushback, then tell them to shove off.

        • NeanderthalDNA

          Maybe they should follow Archie Bunker’s advice and hire some good sharky Jewish consul, lol…

          I’ve heard those guys will sue their own mothers for the money…

          But seriously I don’t see why more Whites don’t go there. It’s a great way to start the pushback, gets publicity, and has been surprisingly effective in some instances.

      • Anthony

        Google “Elizabeth Hawkenson ASU pornstar. They didn’t suspend or expel her from school. She even got to keep her scholarship.

        • NeanderthalDNA

          Nothing good ever comes from porn, lol.

          Someone should e-mail that link to her dad.

      • Katherine McChesney

        They could present their case to the ACLJ.

        • NeanderthalDNA

          Interesting. Just checked out the website. Need to peruse it some more. Hmmm…

  • bigone4u

    Fraternities and sororities are historic expressions of white mutual support networks. As such there is a war on them by Cultural Marxist egalitarian administrations. Recall recently the push to get Alabama sororities to accept black females, featured on Amren.

    If anyone knows the mind of a university administrator, it’s me. They gleefully shut down this frat group to strike fear into the hearts and minds of every single student at ASU. The idea is to teach the students that you’d better not ever have a politically incorrect thought because if you do we have the power to destroy you.

    My advice to the students involved is to get mom and dad to pull out the checkbook, hire a good legal team, and fight the creepy sociopaths who run America’s universities. There is honor in fighting the good fight, win or lose.

    • ncpride

      White kids have some power in this situation, too now that I think about it. STOP attending this university! No one is forcing them to go there. Get the word out this is how White kids are treated there if you don’t toe the party line. Freedom of speech and expression is dead at ASU, so don’t bother or go in debt for this nonsense.

  • So CAL Snowman

    “Many condemned the students’ actions at the Tau Kappa Epsilon fraternity
    party, which included partygoers wearing stereotypical hip-hop clothes
    and posing with hollowed-out watermelon cups, according to photos posted
    on the Internet.”

    The only reason they are offended is because the stereotypical hip-hop clothes and watermelon cups hit way too close to the mark. Black people wear jerseys and saggy pants every day of the year, why is it not ok for White people to do the same? Would the same people be offended if the party goers were black students dressed in hip hop clothes? Of course not. Black people prove daily with incidents like this, that they have absolutely no concept of freedom. For blacks I guess freedom means “freedom from being offended.” When you appeal to the authorities to bring down the hammer on an innocent group of people because you disagree with them, you are an anti-intellectual totalitarian.

    By the way, how is it “discriminating” to wear hip-hop clothes and sip from watermelon cups?

    • De’Ontavious Jizzaiah Jones

      The ASU fraternity was only mocking same black dress and behavior that can be seen daily at courthouses in any large % black city. How is fraternity party qualitatively different from all the club (some were strip clubs) flyers promoting MLK birthday parties in every large % black area of US? Google MLK club flyers to look at the pix if you have not yet done so. It is well worth your 5 minutes ….

      • “How is a white frat party qualitatively different from all the…twerk/club flyers for MLK b’day parties?”

        Because, white people are not allowed to notice things.

      • So CAL Snowman

        I saw the MLK twerking poster with MLK sporting a gold chain.

    • Erasmus

      I wonder if Tau Kappa Epsilon began the night with a fried chicken dinner.

    • Lagerstrom

      By the way, how is it “discriminating” to wear hip-hop clothes and sip from watermelon cups?

      I do not know. I also do not know why it is even considered ‘offensive.’

  • Luca

    This was a frat prank. Nobody died, nobody rioted, nobody got hurt. The usual suspects are making it sound worse than the Holocaust.

    • IstvanIN

      Doesn’t sound like a prank, sounds like a silly frat party, like a toga party. Not worthy of the news.

    • NeanderthalDNA

      It might actually be a LITTLE bit more than that…

      I remember the previous article mentioned something about an earlier altercation between some of the frat boys and blacks that resulted in the black getting punched out.

      Hmmm… If so, this could be surprisingly hopeful news indeed…

    • Max

      Be real, there was never an event in the history of the planet worse than “The Holocaust” (TM) and comparison thereunto is blasphemy of the worst order.

      • Druid

        Malarkey fella. The holohoax never happened. Even if the Germans wanted to do it, They were too hard pressed from all sides to divert the time and material needed to make something like that happen – total con job. Like the guy said, “There’s a sucker born every minute.” And you’re it.

      • Luca

        Right, the 22 million Russians who died in WW2 are nothing compared to the 6 million revered ones.

      • Druid

        And what’s your proof that such an event occured Sir?

      • Katherine McChesney

        There is also the Holodomor. But, it’s never mentioned because it doesn’t involve ‘the tribe’.

        • DiversityIsDeath

          Hell yes Holomdor involves “the tribe”. They committed this atrocity, didn’t they?

  • 1stworlder

    If only lame stream media covered gang rapes, and murders at the same level as something this minor.

  • dubyasee

    ‘They also want ASU to expel students who went to the party and take
    steps to create a “more accepting environment” at the university.’

    BWA HA HA HA! SNORT! GIGGLE! GUFFAW!

  • Bunky

    My burning question is; did they knock the rival frat member out?

  • Spartacus

    Whites should stay away from universities, period. Let the gr0ids and the k!k&s argue about which one is more “opressed”…

  • MBlanc46

    So the ACLU doesn’t actually think that it’s a First Amendment issue. Shame on them.

    • dubyasee

      Of the nine senior executives of the American Civil Liberties Union,
      four are Jews. This is a numerical representation of 44%. Jews are
      approximately 2% of the U.S. population. So, I think we can agree that the ACLU is a Jewish special interest group. To me, it would be surprising for the ACLU to take up any cause that could remotely benefit the White majority they so desperately seek to undercut. Blacks that admire the ACLU’s efforts on their behalf are deluding themselves. For American Blacks to get a truer picture of how Ashkenazi Jews feel about them, they need only to look at the treatment of African Jews in Israel.

      I urge fellow AmRen participants to consider Blacks, not as our natural enemy, but as the unwitting tool of Jewish power that seeks use them against us, much as they use us against the Middle East. Stop the ability of Jews to control so much of

      America and many problems will wither on the vine without the Jewish power and capital to nourish them.

    • When was the last time the ACLU worried about Whites’ civil liberties?

      • MBlanc46

        They do sometimes stick up for civil liberties, e.g., when the American Nazis wanted to march in Skokie, IL, a couple of decades ago.

    • dubyasee

      I have replied to your comment twice. The reply seems to have been deleted both times. My reply had to do with the racial makeup of the ACLU as an explanation for their reluctance to defend the fraternity’s free speech rights.

      I have to wonder if this AmRen blog’s purpose is to encourage conflict between Whites and Blacks and diverting attention away from the tribe that constitutes support and personnel for the ACLU. The very same tribe that I feel is the root of most of America’s troubles today.

  • dubyasee

    “They (local civil-rights leaders) also want ASU to expel students who went to the party and take steps to create a “more accepting environment” at the university.”

    Does anyone else see the logical contradiction in this? Expel students to create a more accepting environment?

    Madness…

  • Dr. Möbias

    I hope the National Tau Kappa Epsilon Chapter fights this and it is written up in the alumni paper for donors to see. If I were an alum, I’d stop donating immediately and let the racist university admins know why. The only thing universities understand is money and the only way to hurt them is right in the pocketbook. Boycotting is a very very powerful weapon when wielded en masse.

    Anyone who attended a university knows they’re always hitting us up for money. I was hit up for donations before I even graduated. They started ringing my phone within days of my graduation and tried to recruit me to man phone banks to beg others for donations.

    If ALL Whites came together and boycotted ASU athletics and refused to donate to the university or its stadium fundraising campaign, the university would go down in flames. Let the blacks go ahead boycott, what is THEIR percentage of donations to ASU itself or the amount they’ve contributed to the stadium fundraising? 1% or less? Let THEM fund it.

    This is where Whites have power and where our efforts should be directed, against those who shut us down or are offended by anything we Whites do.

    • serious123

      Alumni donatations are something I have never understood. You certainly would not donate to a car dealership where you bought your first car so in my opinion only someone trying to make a statement about their success would ever donate to a college. In which case it really isn’t “giving back”, a self serving term I hate, but a different way of taking .i.e., taking from the groups self esteem to boost your own.

      • RexRazor

        Very succinctly stated. My feelings exactly.

  • JohnEngelman

    All the facts aren’t known, but the party incident raises questions about the intent of the speech, said Dan Pochoda, legal director of the American Civil Liberties Union of Arizona.

    “It does appear it was a conscious attempt to degrade an entire race, and anyone taking part in such action would know it increases the difficulty of students of color to participate in the educational community,” he said.

    – Anne Ryman, USA Today, January 23, 2014

    Burning the American flag is a conscious attempt to degrade an entire country, but the ACLU defends that.

    • Max

      That is because there is no black on the American flag.

  • DudeWheresMyCountry?

    They have every right to be offended, the clothing was not accurate… everyone should have been wearing prison jump suits.

  • r j p

    Black fraternity shootings no problem though:

    abcnews(dot)go(dot)com/US/fraternity-shooting-leaves-dead-11-wounded/story?id=12852657

    www(dot)redandblack(dot)com/news/shooting-reported-at-chi-phi-house/article_c11dab2e-a5fa-516f-af00-811cbca06c67(dot)html

  • negrolocaust

    Barack and Michelle Obama have officially made Amanda Bynes’ ugly list.

    “Barack Obama and Michelle Obama are ugly!” she tweeted Monday.

  • bubo

    I didn’t see any blackface, which is usually the gold standard for “ghetto night outrage.”
    All I saw was various states of wigger dress.

    Am I to believe that “stereotypical hip hop clothes” are all that is needed to get thrown out of a university in the land of the free?

  • OhWow

    What about when black people sit around and make fun of white people in black student unions? Do they ever get their chapter revoked?

  • Massif1

    Whites need to protest when blacks wear business attire.

    • Juan Outtamany

      It is racist when Obama wears a golf shirt!~!

      • Katherine McChesney

        It’s ‘actin’ White’!

    • Max

      “You mean: “binneth” attire.

      • Jack Burton

        No, it’s bidnis. Blacks don’t pronounce the th, unless they have a lisp, LOL.

        • LACounty

          They use that term as often as they use the word “book”.

          • Jack Burton

            Mind ya own bidness! Don’t be ignant!

  • TXCriollo

    I am a member of a fraternity and it happens to be the same fraternity as the one at asu in trouble. I called the urban league of phoenix and gave them the 3rd degree. This is family to me, its a party who cares. When i called the first thing i said was leave the fraternity alone, a girl said we are handling it do not worry sir we will handle this the best we can. I said bull your gonna make an example of them like you do. I was transferred to a supervisor, I brought up everything black frats did when i was in college. He was in his words flabbergasted they acted that way, i was like bull you know what they do. I was like this is it i go your black frats rape white girls fight whites do nothing for the campus. I ended up getting so mad i dropped spanish on him very rare for me. Ive had it everyone call the urban league support the fraternity we can do it I will be calling ASU, btw this chapter has a lot of mestizos stand up we can stop this

  • Dave4088

    Just like the hate crimes campaign of the late 80’s and 90’s that culminated in actual hate crime laws in the early 21st century, the anti-white left is now floating the meme that to mock an icon of cultural Marxism or offend a diversity is not protected speech and must be punished.

  • Brian

    ASU is investigating the fraternity for four possible violations of the student code of conduct:

    – Engaging in discriminatory activities.
    =====

    When I go to the supermarket and pick the unbruised apple instead of the bruised one, I’m discriminating. When a girl gets asked to the prom by two boys and has to pick one instead of the other, she’s discriminating. This is a crime now? How are we supposed to make decisions– by tossing one of BHO’s trillion $ coins?

    • Sloppo

      When university officials sanction a white fraternity for dressing in hip hop clothes and do nothing to a black fraternity with members who dress the same way, they’re discriminating.

    • Max

      You don’t understand the definition of “discrimination”.

      Let me give you an example. If the girl is asked to the prom by a white boy, an be axed to the prom by a black boy, if she chooses the white fellow she is “discriminating” and a hateful, irrational, predjudiced, racist.

  • Sloppo

    The saying “imitation is the highest form of flattery” used to be commonly used, but in this case university officials obviously don’t see it that way. They see imitation only as a form of evil persecution when whites are doing it, but why? Are the university officials indirectly expressing the opinion that there is something defective or foolish about normal African-American behaviors, so any imitation of it can only be a form of ridicule? That’s what it looks like to me, and I believe those racist university officials need a great deal mandatory racial-sensitivity training.

  • 2eRep

    I demand negroes stop wear European type clothing and straightening and dying their hair.

  • curri

    Russia Today is shocked by our lack of freedom.

    rt (DOT) com/usa/first-amendment-us-law-colleges-029/

    Despite the explicit protections of the First Amendment, a majority of US institutions of higher learning enforce rules that severely restrict free speech on campus, according to a new study.

    According to a report by the Foundation for Individual Rights in Education (FIRE), 59 percent of US colleges and universities received a ‘red light’, meaning that the schools endorse policies that the watchdog group says impede on First Amendment rights.

    A red-light institution, according to FIRE, is one that has “at least one policy both clearly and substantially restricting freedom of speech, or barring public access to its speech-related policies by requiring a university log-in and password for access.”

    Out of 427 schools surveyed in the report, about one out of every six enforced “free speech zone”policies – legislation that limits student protests and other “expressive activities” to small and isolated parts of campus.

  • Jack Burton

    “But the U.S. Supreme Court has upheld exceptions, including speech that would incite reasonable people to immediate violence, harassment or threats or intimidation.”

    The only people harassing and intimidating others are these so-called “civil rights” groups that demand Whites be fired/expelled for the smallest politically incorrect infractions.

  • RHG

    Shouldn’t the ACLU be representing the fraternity?

    • Katherine McChesney

      Perhaps the ACLJ would represent them.

  • Les Nessman

    Fraternities have no “right” to exist on campus. If they don’t play by the rules, they get kicked off of campus. If they violated a stated university policy, they get booted.

    If they can prove, however, that the university singled them out and let other fraternities get away with violating the rules, then they have a case. Otherwise, they should take their medicine.

    Being kicked off of campus is not the end of the world for a fraternity. I am a “teke” myself, and went to college as an undergrad in the eighties. One of the local fraternities was kicked off campus after a student died during initiation. They thrived as the “underground” fraternity for quite some time afterwards.

    • curri

      What constitutes a “right” in the West today is based on Lenin’s principle of “who? whom?” Steve Sailer writes about “who/whom” on a regular basis.

      • Les Nessman

        Well golligeewillikers, good for Steve Sailer.

  • the dean may put them on double secret probation….which may call for a road trip. “May we dance wif yo dates?”

  • Grantland

    Edgar J. Steele was a lawyer who defended “racists”. They threw him in jail for 50 years on an absurd, trumped-up charge.

    • gregCall

      Sadly too many people choose to ignore that fact. A taste of what’s to come for the rest of us eventually.

  • Grantland

    Nah, they’re just sick of it. Just like I’m sick of it, like you’re sick of it; we’re all sick to death of it. ENOUGH!

  • ncpride

    Surely these kids pay tuition? If they are not planning to push back, there are thousands of other educational alternatives.

  • negrolocaust

    a BLACK JUST KILLED TWO WHITE KIDS MARYLAND MALL!!!

    • Katherine McChesney

      Another hate crime.

  • Justin Felony

    I guess they were portraying stereotypes but stereotypes are
    statistically accurate lol. I guess the
    truth hurts.

  • TXCriollo

    Any one hear any updates on this deal?

  • LACounty

    One of my favorite comments re. this article posted in USA Today: “All black athletes need to boycott and not play for the schools or teams in Arizona…”