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Regarding any 1st Amendment issues, I don't think that's keeping Boren up at night. OU has a fine legal staff. I've litigated against them (won), but they do know their way around the federal courthouse and then some.
It could be an interesting legal case, but being expelled under those circumstances, I would argue that the school couldn't possibly guarantee the students' safety at that point. Also, some speech, i.e., speech that is reasonably calculated to result in a breach of the public peace, is not necessarily considered protected speech.... and since this speech actually did require the Norman PD to have to surround the SAE house to keep vandals and ne'er do wells away, I think that's a solid argument.
There are good arguments on both sides... and I don't think the school cares whether they have to pay a settlement. They just want to get rid of this.
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SN -SINCE 1869-
"EXCELLING WITH HONOR"
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Mu Tau 5, Central Oklahoma
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