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Originally Posted by kddani
Lol. If only they really sanctioned people for bringing frivolous suits.
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True.
It couldn't be a federal case anyhow. I don't think there's any such cause of action.
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A 4th Circuit case from 1993 doesn't hold a ton of weight. It may in the 4th circuit, but it wouldn't be a precedent throughout the rest of the country. 15 years later, courts change, things change, and who knows what would happen if the issue were revisited.
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I couldn't find anything going the other way. Not even close. This is one of those rare situations where it is pretty black and white. The fact remains that there's no such power of the state to condemn speech that is simply offensive to some people.
Taking it to an extreme again, in R.A.V. v. City of St. Paul, the Supreme Court (see, binding) held that a St. Paul statute banning hate speech (I guess you could call the war paint hate speech) was unconstitutional. The defendant in that case was a KKK member who had burned a cross in a black person's yard.
We're talking about a college trying to assert a content-based attack on free speech. It ain't happenin'.