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We the People

The First Amendment and racist speech on college campuses

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 19 March 2015

⏱️ 48 minutes

🧾️ Download transcript

Summary

Jeffrey Rosen is joined by Eugene Volokh and Kent Greenfield, who wrote two widely read pieces about the Oklahoma frat situation, for a wide-ranging talk about the First Amendment.

Transcript

Click on a timestamp to play from that location

0:00.0

I'm Jeffrey Rosen, President and CEO of the National Constitution Center, and welcome to the latest of our We the People constitutional podcast.

0:09.0

The National Constitution Center is the only institution in America chartered by Congress to disseminate information

0:14.8

about the U.S. Constitution on a nonpartisan basis.

0:19.3

And today we discuss the most hotly contested First Amendment question of the week, namely does the First Amendment protect racist speech on college campuses?

0:30.0

On March 10th, the University of Oklahoma expelled two students after a viral video showed

0:35.3

them leading members of the Sigma Alpha Epsilon fraternity in a song whose lyrics included

0:41.1

racial slurs.

0:42.1

In a letter to the two students, the president of the

0:45.1

university David Boren explained that they were expelled because of your

0:48.6

leadership role in leading a racist and exclusionary chant which has created a hostile educational environment for others.

0:57.0

Borne also severed ties between the university and the fraternity chapter forcing the frat to close. A recent U-Gov poll suggests that 57% of Americans

1:07.2

agreed with the university's decision to expel the students and 59% agreed with the

1:11.0

university's decision to close the fret house.

1:13.5

But our question today is not a political but constitutional.

1:18.0

Does the First Amendment protect the speech or not?

1:21.4

And to discuss that fascinating question are two superb constitutional

1:26.3

scholars, the leading First Amendment thinkers in the nation who have been

1:30.4

illuminating about the Oklahoma case.

1:32.6

Eugene Volk is Gary T. Schwartz Professor of Law

1:35.3

at UCLA School of Law, where he teaches free speech law

1:38.7

and the First Amendment amicus brief clinic.

1:41.1

He is the founder and co-author of the invaluable

...

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