Alabama Student Expelled For Online Racist Comments

[Rational Poster]

Hotdog.gif

Well?

I accept your concession.

 

[Amerikuracana]

We do have free speech. If she was not inciting others to act violently on her behalf, or against her in an immediate sense, she may be protected. If it was a high school, that is a state actor. IN schools, you can limit free speech to certain times to create order, due to the compelling government interest of having schools that function; that is not at issue here.

She likely wins, but may have to take it all the way to do so.

I don't like using the "n" word. Rarely do even in private. Actually didn't once for about 20 years. My black friend used to try and make me, when we were young. Wouldn't do it.

 

[tehend]

I accept your concession.

?

 

[Gutter Chris]

Both. A non-black person ever saying it "bugs" me, admittedly, but this is much different than a white person just ignorantly saying it in a slang sort of way (n***a) or remarking on it as a political artifact (discussing the nature of the term itself). It's malicious.

This post might be offensive but do not mean it that way

We know speech is cultural so if you grow up in the slums you tend to speak like. My tell them s hurry up my chris house etc so how would that not be a regular part of someones speech regardless of color who grew up like that ?

I have always found it odd that I can be others with no issue but if someone is my all of a sudden its racist even though its the same sentiment ?

We will never live in a not racist society if we cant all be z some day ya know ? I know that sounds absurd but I am also positive that you get what I mean

I think if we want to live in a society where no one says it and it becomes an outdated saying thats fine but I dont think with the way language works and speech patterns form that we can have words that its ok for some to say but not others when we live in a melting pot and share each others space

 

[Amerikuracana]

Yeah, how weird that expressions of overt racism upset people...

The "fighting words" exception applies when words are directed towards an individual or group and are likely to cause an immediate cmviolent response.. As in, the other side has no time to ponder their actions, and it would be understandable to have a knee-jerk reaction of violence.

I don't think this qualifies under previous tests.

 

[Rational Poster]

We do have free speech. If she was not inciting others to act violently on her behalf, or against her in an immediate sense, she may be protected. If it was a high school, that is a state actor. IN schools, you can limit free speech to certain times to create order, due to the compelling government interest of having schools that function; that is not at issue here.

She likely wins, but may have to take it all the way to do so.

I don't like using the "n" word. Rarely do even in private. Actually didn't once for about 20 years. My black friend used to try and make me, when we were young. Wouldn't do it.

I'm quite certain she signed a code of conduct and the University found a way to hold her to it.

You know the University has lawyers right?

 

[Rational Poster]

This post might be offensive but do not mean it that way

We know speech is cultural so if you grow up in the slums you tend to speak like. My tell them s hurry up my chris house etc so how would that not be a regular part of someones speech regardless of color who grew up like that ?

I have always found it odd that I can be others with no issue but if someone is my all of a sudden its racist even though its the same sentiment ?

We will never live in a not racist society if we cant all be z some day ya know ? I know that sounds absurd but I am also positive that you get what I mean

I think if we want to live in a society where no one says it and it becomes an outdated saying thats fine but I dont think with the way language works and speech patterns form that we can have words that its ok for some to say but not others when we live in a melting pot and share each others space

Reported.

 

[irish_thug]

This post might be offensive but do not mean it that way

We know speech is cultural so if you grow up in the slums you tend to speak like. My tell them s hurry up my chris house etc so how would that not be a regular part of someones speech regardless of color who grew up like that ?

I have always found it odd that I can be others with no issue but if someone is my all of a sudden its racist even though its the same sentiment ?

We will never live in a not racist society if we cant all be z some day ya know ? I know that sounds absurd but I am also positive that you get what I mean

I think if we want to live in a society where no one says it and it becomes an outdated saying thats fine but I dont think with the way language works and speech patterns form that we can have words that its ok for some to say but not others when we live in a melting pot and share each others space

I get called that by one of the guys I work with all the time. I find it hilarious.

 

[Rational Poster]

The "fighting words" exception applies when words are directed towards an individual or group and are likely to cause an immediate cmviolent response.. As in, the other side has no time to ponder their actions, and it would be understandable to have a knee-jerk reaction of violence.

I don't think this qualifies under previous tests.

There is no fighting words exception anymore.

R.A.V. v. St. Paul (1992)
In R.A.V. v. City of St. Paul, 505 U.S. 377 (1992), the Supreme Court found that the "First Amendment prevents government from punishing speech and expressive conduct because it disapproves of the ideas expressed." Even if the words are considered to be fighting words, the First Amendment will still protect the speech if the speech restriction is based on viewpoint discrimination.

 

[Amerikuracana]

I'm quite certain she signed a code of conduct and the University found a way to hold her to it.

You know the University has lawyers right?

Yeah it would be interesting. Under previous tests, I think she wins. The SC has been known to create new tests to favor minorities where it politically looks good.

If the "code of conduct" limited her right of free speech off campus, it would be deemed unconstitutional. State actors cannot supercede enumerated rights of the constitution.

 

[Gutter Chris]

Reported.

For trying to talk about language in general how habits form and who can say what ?

I didnt say anything racist in the slightest and kinda thought i was making a good point

Im assuming you are joking because i know you arent thick

 

[Amerikuracana]

There is no fighting words exception anymore.

R.A.V. v. St. Paul (1992)
In R.A.V. v. City of St. Paul, 505 U.S. 377 (1992), the Supreme Court found that the "First Amendment prevents government from punishing speech and expressive conduct because it disapproves of the ideas expressed." Even if the words are considered to be fighting words, the First Amendment will still protect the speech if the speech restriction is based on viewpoint discrimination.

Good find.. But that just tries to exclude "viewpoints." Calling somebody a *****r would not be protected under rav. The rest would.

But like I said, it would not apply regardless because saying something online really cannot provoke an IMMEDIATE reaction against oneself.

 

[mudflap mike]

pics of racist carpetbagger?

 

[Gutter Chris]

I get called that by one of the guys I work with all the time. I find it hilarious.

It just seems normal to me for people to talk that way. Im not from where you are from my northern friend

 

[sub_thug]

It's inflammatory speech that shouldn't be coming out of a person's mouth, but it seems like Freedom of Speech should be protected here. We don't have to like it, but we need to tolerate that as form of speech, same as flag burning. I think some of the Code of Conduct stuff is a bit of a cop-out, but that's just one man's take.

 

[Falsedawn]

I'm quite certain she signed a code of conduct and the University found a way to hold her to it.

You know the University has lawyers right?

You would be correct.

https://studentconduct.sa.ua.edu/code-student-conduct/

(4) Harassment/Threatening Behavior/Bullying
a. Harassment that is defined as not being of a sexual nature includes:
1. Conduct (physical, verbal, graphic, written, or electronic) that is (1) unwelcome; (2)
discriminatory on the basis of genetic information, race, color, religion, national origin,
age, disability or protected veteran status; (3) directed at an individual; and (4) so severe,
pervasive or objectively offensive that a reasonable person with the same characteristics
of the alleged victim would be adversely affected to a degree that interferes with their
ability to participate in or to realize the intended benefits of an institutional activity,
opportunity, or resource. Conduct satisfying the foregoing elements that relates to an
individual’s sex (which includes sexual orientation, gender identity, and gender
expression) is addressed in the University’s Sexual Misconduct Policy. Please visit
www.eop.ua.edu/harassment.html for more information on the University’s Harassment
Policy).

 

[sleepwalk]

Yeah thats dumb. So what if you don't like what she says, she's not hurting anything but feelings. Sue the school though i wish she would just sue for re-admittance instead of some ridiculous monetary payout.

This student is a piece of shit, and I won't shed a tear for her.

But I agree with your opinion that it probably violates her First Amendment right, as it is a public school. She'll be more hated than Becky with the Bad Grades if she pursues it, though. And I sympathize with the school administration, as it is in their interest in maintaining a functional atmosphere of learning to root out racists like this.

I think the first two posts sum it up perfectly. Zero sympy for this dunce of a girl and her dumb shit. But she goes to Alabama, not Stamford or Wesleyan. A well-explained "invitation to leave" should have been their first step.

 

[woodguyatl]

Recently a federal judge recently found that expulsion for online racist speech that is not targeted at other individual students violates the first amendment. The conduct here is identical except the other case was about high school students and in Berkeley. I think this girl has a lawsuit if she wants it. I have viewed the content of her social media video and she does not target any student or faculty member. Rather she proclaims her right to use the n word and makes some generalized derogatory comments about African Americans. I am not sure whether the rant violates forum rules so I am not linking to it but you can look it up on youtube. This country is going to need to have a real conversation about free speech in the near future. I hope she pursues litigation because she has a good claim and it is abhorrent for a government entity to penalize someone for making a statement that in essence asserts that this woman has the right to use provocative lanuage.


https://www.cbsnews.com/news/harley...school-after-posting-video-using-racial-slur/
TUSCALOOSA, Ala. -- A University of Alabama student repeatedly used a racial slur in videos posted on social media, prompting immediate condemnation from school officials and her apparent expulsion Wednesday. A video of the former student using the n-word multiple times went viral on Martin Luther King Day this past Monday, prompting a protest on UA's campus that was organized on Wednesday, CBS Birmingham affiliate WIAT reports.

University President Stuart R. Bell called the videos "highly offensive and deeply hurtful," and said the student, Haley Barber, is "no longer enrolled here."

"We hold our students to much higher standards, and we apologize to everyone who has seen the videos and been hurt by this hateful, ignorant and offensive behavior," Bell said in a statement.

The videos, in which Barber repeatedly uses a racial slur for African-Americans, were first posted on a private Instagram account, but recordings of the posts became widely shared on social media and brought to the attention of school administrators.

Barber told the New York Post that her actions were wrong.

"I don't know what to do and I feel horrible," she was quoted by the paper as saying. "There's just no excuse for what I did."

Barber did not respond to a request for comment The Associated Press sent to her university email account.

The 19-year-old told the newspaper she had been expelled from the university and was returning home to New Jersey. The university would not confirm her expulsion. Spokesman Chris Bryant told the AP he could "only provide directory information, and this student is no longer enrolled."

In the first Instagram video, Barber says, "I love how I act like I love black people because I ... hate ... ." In a second expletive-filled video responding to criticism, she says she'll use the word "as much as I want."

"I don't care if it's Martin Luther King Day," she says before saying the slur again and again. She then says she will use the slur "as much as I want" noting she is both from New Jersey and, "I'm in the South now."

The videos were first reported by al.com.

Barber identified herself in the videos as a member of Alpha Phi sorority and said she had wanted to be in the sorority since high school. Linda Kahangi, executive director of Alpha Phi, said Wednesday that the student "is no longer a member of Alpha Phi."

"Alpha Phi is a diverse, values-based organization and condemns the language and opinions in these videos," Kang wrote in an email response to a query from the AP. "They are offensive and hateful to both our own members and to other members of the Greek and campus community."

In the videos, Barber referred to the Instagram account she was using as her "finsta," a made-up word meaning "fake Instagram," a secondary account that some Instagram users create to share certain posts with a select number of people.

Someone made a screen recording of the post and shared it publicly.

In 1963, the University of Alabama gained notoriety when then-Gov. George C. Wallace infamously stood in a schoolhouse door to protest the enrollment of African American students. Wallace relented under pressure from President John F. Kennedy's administration.

The university's Greek organizations were segregated by race from 1963 until 2013, when 11 African American students and three students from other minority groups received bids, or invitations, to join a historically white sorority.

© 2018 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

I wonder if a Jersey girls came to Alabama because she wanted to be somewhere she thought she could be openely racist. Also, how does a Finsta (fake insta) account work? If you have videos of yourself isn’t it sort of real?

 

[Gutter Chris]

You would be correct.

https://studentconduct.sa.ua.edu/code-student-conduct/

Does that matter though, it would seem that the first amendment would trump code of conduct if the school is linked to the government in any way shape or form though wouldnt it ? Shouldnt it ?

Im not real impressed with this bitches performance just like you but I am almost always on the side of free speech no matter what was said and cases that go against that give me the heeby jeebies and start making me think about those slippery slopes .

 

[tehend]

Does that matter though, it would seem that the first amendment would trump code of conduct if the school is linked to the government in any way shape or form though wouldnt it ? Shouldnt it ?

Im not real impressed with this bitches performance just like you but I am almost always on the side of free speech no matter what was said and cases that go against that give me the heeby jeebies and start making me think about those slippery slopes .

1st Amendment > Pretty much everything