If you're going to war, best to pick a battleground you can win on. Private universities can absolutely forbid students from belonging to Greek organizations, political parties or drum circles. They can completely regulate student behavior because the students' association with that university is optional and voluntary.
This Penn State situation might present a better opportunity for FSL organizations to establish some legal precedent as to what public schools can and can't get away with. Case law surrounding free association isn't as deep as you'd want it to be before initiating litigation though. I can think of arguments in favor the school which aren't horrible arguments..
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Mu Tau 5, Central Oklahoma
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