General Discussion
In reply to the discussion: The Limits of Free Speech [View all]COLGATE4
(14,732 posts)what the tape is "evidence" of? If you were trying to make some half-assed case that SAE as a fraternity discriminated against blacks. this might make a fairly unimportant comment in a closing argument. It is certainly not a "smoking gun" (a term which, BTW real lawyers never use). But what you apparently refuse to recognize is that we're not talking about SAE here, only about two students who were pledging that fraternity. (In case you were never in a fraternity, a pledge is an aspiring member of an organization, not a full-fledged member and much less with any ability whatsoever to influence the actions of a local or national governing body.) So, to keep insisting that these two boys themselves discriminated solely by singing a stupid racist ditty as part of the asshole stunts one goes through when pledging doesn't even pass the laugh test.
You keep desperately trying to dodge the real issue here, i.e. the punishment of these two boys for what they said, not anything they did by conflating punishment for speaking with acts of racial discrimination. If you have some case law that says that this type of speech is racial discrimination please cite to it. However, unless you're prepared to provide some real evidence (as opposed to your opinion what you think the law should be) or that these two students either engaged in or were directly responsible for some type of illegalconduct, let's stop beating that dead horse.
And thanks for the suggestion but I really don't need any refresher course on Evidence. Been doing this a long, long time.