Originally posted by Dr. Strangelove
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Hating on the $EC - Mostly Alabama (and a little Georgia too)
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"The problem with quotes on the Internet is that it is sometimes hard to verify their authenticity." -Abraham Lincoln
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I've actually dealt with this kind of thing..... different circumstance a while ago but involving a public U's authority to meet out punishment to the student community. If due process is followed and established rules are followed, i.e., not making shit up after the fact to punish behavior, an attorney might take the case but they are hard to win. The concept of in loco parentis applies and Us have broad authority to take punitive action against a student. There's always some catch-all form of behavior injurious to the reputation of the institution in their student conduct policies that they can ding a student on.
When an honor board in it's collective authority to act or Dean of Students unilaterally imposes a penalty on a student, it's reviewed by the President's office. In this case, I think the reasonable man theory might take hold and it would be nice if it did. e.g., whatever penalty is meted out would get reduced to a slap on the wrist kind of thing. Given the current environment, though, I wouldn't count on it and in the end the student has little recourse.
Mission to CFB's National Championship accomplished. But the shine on the NC Trophy is embarrassingly wearing off. It's M B-Ball ..... or hockey or volley ball or name your college sport favorite time ...... until next year.
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The thing is, it was Twitter, and not at school or in any academic capacity. He does not identify as a KSU student In his twitter bio and his account does not serve as an extension of his status as a student there and was not associated with his studies or any academic work. Further, what he said, no matter how distasteful, is not illegal. Apparently, more than a few people on Twitter who identify as lawyers think he has a strong case if he is punished. One said he would represent him because he wanted a new Tesla.
I served on an appeals’ committee at a university for years. I would find in favor of this student for reversing any punishment if it were brought before me up to and including striking a letter of public censure (FERPA issues).
"The problem with quotes on the Internet is that it is sometimes hard to verify their authenticity." -Abraham Lincoln
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The thing is, it was Twitter, and not at school or in any academic capacity. He does not identify as a KSU student In his twitter bio and his account does not serve as an extension of his status as a student there and was not associated with his studies or any academic work.Mission to CFB's National Championship accomplished. But the shine on the NC Trophy is embarrassingly wearing off. It's M B-Ball ..... or hockey or volley ball or name your college sport favorite time ...... until next year.
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The thing to me is, an honor code cannot supplant constitutional rights for free speech. I believe that has been affirmed for most public institutions. But IANAL. I just know how I would find if I had the appeal."The problem with quotes on the Internet is that it is sometimes hard to verify their authenticity." -Abraham Lincoln
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The KSU football team has taken up the cause and have stated they will not meet, practice, or play until the student faces ‘strong consequences’ for tweeting whatever shit he tweeted.
KSU doesn't have a policy like that now and if it implemented one the guy that made the tweet congratulating Floyd on being drug free for a month couldn't face penalty under a newly implemented policy after the fact.
I'd also argue, as I think you are implying in your position on this, that such a policy wouldn't stand up to a challenge that restricting speech like this is a violation of 1A. What the kid tweeted is not obscene, defamatory, fraudulent, or speech that’s integral to criminal conduct..... at least that is how I understand the courts have ruled in defining what is and what is not speech protected under 1A.
All of this gets down to the fundamental issue that people of color, or any other group offended by a wide range of words or actions, have to come to grips with is that there are reasonable things to be done to address offensive behavior and illegal actions. These things are within the scope of existing law and process at every level it would be applied. The kind of extremism that offended groups call for, the extreme actions these persons take in advocating for corrective action are occurring in a range of lawful, protected activity to criminal conduct. The later should be identified and punished under the law. Authorities pandering and caving to this extremism, be it lawful and protected or criminal, is the worst example of fear driving official decision making. It's something the framers were concerned about - a fearful Congress legislating in circumstances similar to what we are experiencing today post Floyd.Mission to CFB's National Championship accomplished. But the shine on the NC Trophy is embarrassingly wearing off. It's M B-Ball ..... or hockey or volley ball or name your college sport favorite time ...... until next year.
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Agreed. Expelling a student because he told an insensitive joke is not the way to go. Even if they were able to expel for racist jokes on twitter, I don’t think he would meet the criteria. He didn’t reference Floyd’s race or suggest that his race was the reason he used drugs before his death."The problem with quotes on the Internet is that it is sometimes hard to verify their authenticity." -Abraham Lincoln
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KSU would have a pretty hard time expelling him. I would donate to his cause.
The football team is free to never play again. That's their perogative.
If I were KSU I'd call their bluff. If they're not playing football they lose their scholarship. Go transfer. It'd wreck the program, but it's a trash program anyway.Dan Patrick: What was your reaction to [Urban Meyer being hired]?
Brady Hoke: You know.....not....good.
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If only the outrage mob was as upset about masked lunatics burning down their cities as they are about a tasteless George Floyd joke.
Or the Tweets openly threatening violence against the kid.
Or all of the Tweets that James Gunn (the director of the Guardians of the Galaxy series) made about raping children.
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Or stuff like this:
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