Quote:
Originally Posted by Low C Sharp
I don't agree. It is likely that each chapter has agreed to Panhellenic/Greek Life oversight. It's perfectly constitutional (and fair) to hold an organization to a code of conduct it has voluntarily agreed to abide by. If someone founded a new "Make Fun of Mexicans Club" at Penn State, and all the Chi Os wanted to join, then they'd be within their rights.
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Unless Chi Omega, the private organization didn't approve, and I hope they wouldn't.
There is some very limited case law on student codes of conduct and the First Amendment, check out McCauley v. University of the Virgin Islands (3rd Circuit), I can get you the cite if you really need it. In that case, the 3rd Circuit threw out several provisions of the Code of Conduct which were overbroad, which I'm guessing probably look a lot like whatever is in the Penn State manual.
I'm not sure I really buy that by locating at a campus, we agree that the University or its machina can limit our speech, no matter how awful it is. I don't imagine this will be a civil rights case or anything because I'm guessing Chi Omega HQ will come down harder on these ladies than anyone from the outside.
As far as "voluntarily agreeing to abide by" a certain code, I question whether the state should be asking anyone to voluntarily abide by a code purporting to broadly restrict constitutional rights and how that same voluntariness argument can't be made for ordinary students with regard to the more general student codes of conduct.
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