First, you're confusing the issue. If you felt threatened, you might be justified in throwing a punch and anything afterwards (assuming 15+ guys could take you), their punishment could be legally heightened by what they sang, based on their conduct. But the expulsion wasn't based on conduct, it was based on speech. The two are separate (though sometimes conduct IS speech, spoken words are not conduct). However, you do touch on what the strongest argument would be, in your scenario. If words would incite a reasonable person to violence, they could be considered fighting words... but even then, the context matters. They were giggling like kids getting away with something they shouldn't be doing... it's hard to see fighting words as a good argument given the video.Originally posted by Rhino_nole:
Let me see if I can get some clarification. Hypothetically speaking, if the filmer of the bus scene was half black, you're stating that a direct threat doesn't exist IF the bus full of people chanting about hanging ni#$#@ from a tree couldn't constitute a direct threat?Originally posted by oldscalphunter:
Not about what a listener "felt," it's what the intention of the speaker was. Clearly was not a threat. Threatening speech is the worst argument OU could give (well, hate speech is the worst... but hate speech isn't an exception to the 1st amendment). It's not dangerous speech and when there's effective channels for counter-speech available, words are generally protected by the 1st Amendment. The past few days have shown that the counter-speech is clearly effective. They will face social and economic punishment because of it, punishment from the University is unacceptable under the First Amendment.Originally posted by Rhino_nole:
So you know the ethnic background of everyone on the bus? What if one of the females was half black, quarter black and had a black parent or an adopted sibling who was black? What if it was a white chic who dated black guys and she felt directly threatened by the song?Originally posted by seminole4life1:
I would agree with you if the chant was at a group of individuals that were in their presence- it could then certainly be viewed as a direct threat to individuals. Just as we must weigh a protest vs harassment the setting of the chant does not really hold up for a direct threat.Originally posted by OneNeverNoles:
lulz @ saying n------ can't join your frat and talk about hanging "them" from trees being "diverse opinion" and that "doesn't threaten individuals."
Never change, LR.
As a person who's mixed (granted, I'd stand out like a sore thumb but my son wouldn't) and as someone who could probably kick the sh!t out of 90% of the people on the bus, I'd feel directly threatened by 20 plus fraternity guys singing about hanging n#$$%# from a tree.
Second, what they sang was "You can hang...." they didn't sing about actually doing it, nor did they sing about potentially doing it, nor was it directed at anyone in particular. I highly doubt they'd have sang it if a black man or woman was on the bus (and they were aware of the person/ancestry). The threat argument is extremely weak in this context.