A Multicultural Sorority?

[starang21]

Originally Posted by Kevin

I don't disagree a bit as to their HQ. If the chapter did file suit, see above. It'd win. The question isn't even close. Apparently, and the article is unclear what this "discrimination action" is, but some group of Native Americans has filed some sort of discrimination complaint. I don't know if that's with the school or if it's a federal case. Whichever it is, it's completely meritless.

-- of course by "they" you could be referring to anyone.

as legally unviable as the suit might be, quite possibly the real goal of this was to bring negative attention to the chapter. and the native american group is well within their right to "complain."

[Kevin]

Originally Posted by starang21

as legally unviable as the suit might be, quite possibly the real goal of this was to bring negative attention to the chapter. and the native american group is well within their right to "complain."

If they brought it as a federal case, they can count on being sanctioned by the court for filing a frivolous action. These kids don't even have standing, let alone a legally viable theory.

A suit filed in bad faith like that can only be bad for the person filing it. I'm assuming that this is through the university's internal student complaints system. That seems the most likely forum.

[kddani]

Originally Posted by Kevin

If they brought it as a federal case, they can count on being sanctioned by the court for filing a frivolous action.

Lol. If only they really sanctioned people for bringing frivolous suits. There are plenty of crazy people out there who file suits that you can't even comprehend the writing, let alone understand whether or not they have standing or anything else. They don't get sanctioned. You have to repeatedly file outlandish suits to get anything. I defend clients in "frivolous" lawsuits everyday, including in federal court.

You shouldn't make these legal issues sound so absolute. You've been acting like its black and white in this entire thread. If you've been to even one law school class, you should know that nothing in the law is ever black and white. Have you graduated and passed the bar yet?

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.

[Kevin]

Originally Posted by kddani

Lol. If only they really sanctioned people for bringing frivolous suits.

True.

It couldn't be a federal case anyhow. I don't think there's any such cause of action.

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.

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'.

[starang21]

Originally Posted by Kevin

If they brought it as a federal case, they can count on being sanctioned by the court for filing a frivolous action. These kids don't even have standing, let alone a legally viable theory.

A suit filed in bad faith like that can only be bad for the person filing it. I'm assuming that this is through the university's internal student complaints system. That seems the most likely forum.

however, while this might not actually hold any water in the court of law.....this is hardly a frivolous issue, and thus would probably not get any sort of sanction. and by calling it (the suit) frivolous, are you saying that the native american group has no basis to be offended? and you still haven't answered my other question.

[Kevin]

Originally Posted by starang21

however, while this might not actually hold any water in the court of law.....this is hardly a frivolous issue, and thus would probably not get any sort of sanction. and by calling it (the suit) frivolous, are you saying that the native american group has no basis to be offended? and you still haven't answered my other question.

They can be offended all they want. They just don't have a lawsuit, nor can they use the University's judicial system to go after Gamma Phi Beta (if anyone cares about the Constitution, that is).

[starang21]

Originally Posted by Kevin

They can be offended all they want. They just don't have a lawsuit, nor can they use the University's judicial system to go after Gamma Phi Beta (if anyone cares about the Constitution, that is).

does that make it frivilous? i think not. we're talking about a group being offended, and taking action upon being offended. whether or not they win, it doesn't mean that they'll be sanctioned. weren't you implying that there would be acton against them if they filed?

[Kevin]

Originally Posted by starang21

does that make it frivilous? i think not. we're talking about a group being offended, and taking action upon being offended. whether or not they win, it doesn't mean that they'll be sanctioned. weren't you implying that there would be acton against them if they filed?

There could be. I can't think of a good faith cause of action here. It sounds like the group filed through the University, so if the University acts, it'd be subject to a Civil Rights case if the sorority wanted to fight it (which they won't).

[starang21]

Originally Posted by Kevin

There could be. I can't think of a good faith cause of action here. It sounds like the group filed through the University, so if the University acts, it'd be subject to a Civil Rights case if the sorority wanted to fight it (which they won't).

i'm willing to bet nothing happens to the group if they file. this is hardly something that can be looked at as "frivilous."