.@kurteichenwald because they want to ignore the harsh reality in favor of an outdated and bogus meme that it must be rap? Easier sell?

— lawhawk (@lawhawk) March 13, 2015

Kurt makes an interesting point - the n-word is bad enough when SAE used it, but the chant also makes explicit reference to lynching (hangin him from a tree). Given that these kinds of chants are passed down from year to year by the fraternities, there’s no way that this just magically appeared in the SAE lexicon. You can’t tell me that no one there failed to notice the words or that it might be inappropriate.

The OU Code of Conduct doesn’t directly address racism, but it does indicate that abusive conduct is a violation. A lawyer might try to argue that the free speech of the group trumps what can be construed as an overbroad reading of “abusive conduct”, but I don’t think it’ll stick. Students have a right to form/join/participate in a group without regard to race. That’s clearly being violated by SAE chanting clearly racist chants. Such a group is in violation of Section III, 1, and as such the group would not have a right to exist on campus.

The expulsions might be overturned, but the group’s right to continue on campus wouldn’t.