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This isn't a First Ammendment issue. It's an issue of character or lack thereof in his case. He sounds like a magnet for trouble and problems for your fraternity. I think that your standards board or disciplinary committee ought to address this problem brother and put him on probation or whatever type of punishment you have. I'm sorry that you are going through this difficulty in your fraternity. It's amazing how one person's bad conduct can affect an entire group. Good luck.
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