Racially insensitive posts protected under First Amendment – Daily O’Collegian

Despite calls for expulsion or suspension, Oklahoma State University cant legally punish the students who posted offensive words and images on social media at the beginning of the semester, according to OSU officials.

African-American students and others who are outraged by (the incident) have every right to be outraged by this, but if youve turned the focus on punishing the speech, you dont solve the problems of the racism, said Joey Senat, who specializes in media and First Amendment law.

When you say that person should be expelled because I didnt like that persons speech, they dont understand the larger issues and what the First Amendment actually is intended to mean, he said.

On Martin Luther King Jr. Day, a photo including four OSU students, two of whom were wearing a dark substance resembling blackface, wasposted on Instagram and caused uproar on social media.

About a week later another OSU studentposted a photo on Snapchat of herself wearing a mud mask with the caption, When he says he only likes black girls. The photo sparkedprotests on campus and led to a meeting between OSU President Burns Hargis and African-American Student Association members.

In both instances, Hargis issued a statementsupporting student protest anddiscouraging intolerance and discrimination at OSU.

But for some, the statements and apologies arent enough.In a recent Letter to the Editor, an individual called for the students involved to be expelled or, at least, suspended.

However, there is no justification for censoring the students speech because it did not present a true threat, Senat said. Its counterproductive, he said, to suggest students be disciplined by suspension or expulsion.

You cant stop these people from thinking what they think, he said. You can only drive them underground, but that doesnt get to the root problem of the racism. It doesnt get to the societal issues of racism. It doesnt allow for solutions and progress.

Students shouldnt rely on the university, a taxpayer-funded entity, to solve their problems, Senat said. Instead, he suggests offering counter speech to racism.

Students should be out there protesting, Senat said. Confront those ideas. Thats how you go about trying to change someones mind and show them the error of their ways. They should be out there making it known this is not acceptable in their community, but thats a far cry from government being involved.

Senat said students and others who want these individuals disciplined need to keep in mind that next time it could be their speech someone wants punished or censored because it was offensive.

We cant expect government to step in and punish everyone because were offended or we justifiably disagree with someone elses speech, Senat said.

Lee Bird, vice president for student affairs, said the university is working to provide educational opportunities for students and has started a dialogue with the students responsible for the social media posts.

Theres a legal, right way to approach (the incidents), Bird said. The institution just cant say, Well, you cant do a blackface again, or, You cant do this.

Bird, who co-wrote a handbook for universities regarding the First Amendment, said restricting what students can say on campus through speech codes violates the First Amendment. A speech code is a regulation that prohibits expression normally protected under the First Amendment, according to FIRE, a nonprofit organization concerned with free speech on university campuses.

People think, Lets just write a code and prohibit it, Bird said. Well, thats not how the First Amendment works.

Bird said she, along with other university officials, has spent several hours meeting with the students involved, encouraging them to educate themselves and looking ahead at how the institution can proceed.

The students involved were ignorant, she said, which is the bigger issue.

What we learned from this case is we have a lot of students that are completely uninformed, ignorant about many race issues, Bird said. I think we need to help encourage students to educate themselves and where the institution may have to realign diversity classes or those requirements to help make sure that our students really do understand more about diversity.

Laura Arata, an OSU professor who specializes in the history of race, said the recent incidents are reflective of what she sees in the classroom.

Each semester, Arata said she asks her Survey of American History students whether racism is still a problem today.

Responses always range from No, it's definitely not, to Yes, absolutely it is," Arata said in an email to the OColly. To me, this is the clearest indication possible that there are some very important, very complicated, very deep conversations most of us need to have, even if it makes us uncomfortable.

Arata advocates having conversations that go beyond defining right and wrong. She said this is an opportunity to talk about why the actions are hurtful.

We are a diverse country and, of course, we're going to experience different things in all kinds of different ways, but that doesn't mean we don't need to acknowledge them and consider different viewpoints, she said.

Bird said she acknowledges knowing the university cant legally take action might not be comforting for victims. She believes OSU students need to understand the effects their actions can have and should be more thoughtful of those in their community, she said.

People need to understand that all these behaviors have an impact on our community, affect institutional reputation, make it harder to recruit, and I think the Cowboy nation is better than that, she said. I would hope that students would not be bystanders to hate, but they would be personally involved. If it was (an) international student, a Muslim student, an African-American student, an LGBT student, it doesnt matter hate is hate.

When you see something, say something, deal with it, speak to it.

news@ocolly.com

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