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Why Expelled Oklahoma Frat Boys Would Have An ‘Excellent Chance’ In Court

The elements of combustion were the same. Just the names were different.

This was a case of a racism, white frat boys, and a university based in a Southern state that did everything it could to punish the offending parties following a campus-wide protest. It also perhaps hints at what could follow the University of Oklahoma’s decision on Tuesday to expel two Sigma Alpha Epsilon members implicated in a racist video. This was the battle of 1992, when Sigma Chi Fraternity took on George Mason University — and won.

Decades later, the same ugly matters have risen once more. The basic facts: A video showing Sigma Alpha Epsilon members chanting “There will never be a n—– SAE” saturated the Internet on Sunday. The campus chapter was immediately closed and, following a mad scramble among journalists and online sleuths, the students leading the cheer were identified and issued apologies.

Did the University of Oklahoma, a public institution, just punish speech that, while clearly abhorrent, was protected under the First Amendment? Was this a violation of the Constitution?