University of Alabama expels student over racist social media tirade

[DonViejo]

Source: The Hill




BY AVERY ANAPOL - 01/19/18 12:22 PM EST

The University of Alabama has reportedly expelled a 19-year-old student after she posted racist videos on social media.

Harley Barber was expelled from her sorority and the university after the school investigated two videos that she posted on her “finsta,” or “fake” Instagram account, one of which was posted on Martin Luther King Jr. Day.

In one video, Barber uses the n-word in a rant after turning off a running faucet.

“We do not waste water,” she said in the video. “We don’t waste water because of people in Syria. I love how I act like I love black people because I f---ing hate n-----s. So, that’s really interesting — I f---ing hate n-----s, but I just saved the f---ing n-----s by shutting that water off.”



Read more: http://thehill.com/blogs/blog-briefing-room/369742-university-of-alabama-expels-student-over-racist-social-media-tirade

[elias7]

1. She didn't get the memo...

it's OK to be racist; you just can't state your beliefs out loud.

[djg21]

24. I dont see how this isnt a First Amendment issue.

As reprehensible as her comments were, the University of Alabama is a state school, and state schools are subject to the 1st Amendment, which is applicable to the States via the 14th Amendment. The sorority is a private club and could expel her without regard to her free speech rights, but I don’t see how a state school can lawfully expel her on account of her speech alone, irrespective of how much she deserves it. Some right-wing advocacy group is going to glom on to this matter and commence a lawsuit on this woman’s behalf.

[Cold War Spook]

30. More likely the ACLU

if they believe that her constitutional rights were infringed upon.

[rockfordfile]

35. do you agree she's a racist. I think she is a racist pos

And being 19 is no excuse.

[djg21]

39. Thats a separate issue.

The fact that she’s a racist dumbfuck doesn’t mean she can be retaliated for exercising her speech, no matter how deplorable her speech was.

[jl_theprofessor]

51. Because it creates a hostile environment.

The school also likely has a code of conduct.

[Adrahil]

58. Case law is thin on this....

.. don't ask me how I know.

Some precedents hold that student codes of conduct are acceptable in order to maintain a good sense of order and discipline. In the same way, Federal employees couldn't behave this way.

But there is some contrary case law, so there ya go.

[jmowreader]

2. How is this LBN?

This broke two days ago.

[Judi Lynn]

47. Two days ago she had not been sent packing. n/t

[beachbum bob]

3. must be a mistake, Alabama is the home of people like this

Some one in deep do-do for expelling a "model" alabama student

[kstewart33]

14. Really, bbb?

Don't offend members of this community who were born in Alabama, presently live in Alabama, or like me, grew up in Alabama.

Racism is spread nationwide, and although Alabama has more than its share, it is no more the "home" of racists than is any other state.

[Mosby]

29. the girl is from new jersey.

[Nitram]

38. beachbum, they repeatedly reported that the girl is from New Jersy!

Sounds like you may have a bit of bias of your own...

[beachbum bob]

40. no bias, just know a lot alabama people....

[mahatmakanejeeves]

4. LBN or not, an agency of the government has punished a person for her words. Doesn't 1A apply in AL?

For the umpteenth time:

[stonecutter357]

6. hate speech is not free speech !

[mahatmakanejeeves]

7. Cite, please. NT

[stonecutter357]

9. google it. NT

[melm00se]

13. I did

Last edited Fri Jan 19, 2018, 03:50 PM - Edit history (1)

Matal v. Tam - Newspaper article

Decision

Alito wrote for 4 justices:

"[The idea that the government may restrict] speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express “the thought that we hate.”"

Justice Anthony Kennedy wrote separately, also for four justices, but on this point the opinions agreed:

"A law found to discriminate based on viewpoint is an “egregious form of content discrimination,” which is “presumptively unconstitutional.” … A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government’s benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society."

a 9-0 Supreme Court ruling trumps your viewpoint.

[mahatmakanejeeves]

15. Thanks, melm00se. I can stop pounding my head against the wall now.

Anyone who has seen The Blues Brothers knows that the ACLU went to bat for the Nazis and argued in favor of their right to march in Skokie, Illinois. The ACLU lost a few members over that.

I'm not going to cite "The Blues Brothers" as case law, but the actual case is a high school civics textbook example of what the First Amendment is about.

Thanks again.

IANAL. Pay the $2.

Back to you, stonecutter357.

[TheDebbieDee]

16. The government did not restrict this woman's speech.

She spoke her mind and her sorority and University expressed their disapproval of what she said by expelling her...

Free speech has consequences...

[mahatmakanejeeves]

18. I'm back to pounding my head against the wall.

In what way is expelling her for her words not a restriction?

[TheDebbieDee]

41. Expelling Barber from school is an unpleasant

(for her) consequence of her use of her first amendment rights.

It's just that simple...

[hatrack]

42. Did she go to jail? No. Was she fined or sanctioned by any government entity? No.

"Congress shall make no law . . . "

No law was enforced to restrict her freedom to be a dumbass, and no law ever will be (assuming the 1st holds up, of course).

[djg21]

46. The First Amendment applies to States

Via the 14th Amendment. This is not subject to debate. You are wrong.

[X_Digger]

53. "sanctioned by any government entity"? Yes, her state ran college. n/t

[melm00se]

34. Actually yes they did

the University of Alabama is a public (governmental) institution thus a state actor thus strictly bound by the 1st Amendment.

Didn't you have a civics class in school?

[TheDebbieDee]

43. Home girl was expelled for violating code of conduct

rules that she agreed to when she enrolled at U of A.

When she exercised her right to free speech, her words violated that code and so she was expelled.

Apparently you had a lousy civics teacher or you were a bad student... I suggest that YOU go back to school!

[melm00se]

45. This code of conduct

has a couple of issues:

1) it is in conflict with this:

The University of Alabama aspires to transmit knowledge, to develop its students, and to promote the quality of society. In seeking these goals, the University recognizes the significance of student rights. These rights include freedom of expression, autonomy, procedural protection and the integrity of people and their property. By ensuring these individual rights, the University fosters an environment conducive to student success and well-being.

2) it was used as de facto punishment mechanism for protected speech.

But of course, far too many people only assert rights when they agree with the message, the second they disagree with the message, the right to freedom of expression goes right out the window.

[TheDebbieDee]

57. Whatever! Harley Barber accepted this as a condition of enrollment

When she enrolled at U of A!

So she's gone! I feel really badly for her...

[img][/img]


I'm done with this... Have a nice evening!

[djg21]

26. Dont make stuff up.

Last edited Fri Jan 19, 2018, 04:50 PM - Edit history (1)

No matter how reprehensible speech may be, it still is protected. Maybe you’re too young to remember the Nazi march in Skokie, Illinois. The ACLU defended the free speech rights of the Nazis.
https://chicago.suntimes.com/columnists/lessons-in-free-speech-40-years-after-nazis-planned-skokie-march/

[Codeine]

28. Demonstrate that with actual law? nt

[X_Digger]

52. The US has no such law. 'hate speech' is protected speech. n/t

[LanternWaste]

10. For the umpteenth time as well... she was expelled for a violation of the campus code of conduct.

She was expelled for a violation of the campus code of conduct. Let's not pretend she's a martyr of freedom, but rather a dimwit who fully realized the consequences of her own actions.



Doesn't the implicit rather than inferred-via-bias apply in your post?

[groundloop]

17. I believe you're confusing a public university with "the government"

A public university is partially funded by the state government, and is overseen by the State Board of Regents. It is not actually a part of the government. As such, it's my understanding that universities are able to set whatever standards of conduct they deem appropriate.

Also, I find it interesting that the University of Alabama took this action as so much of the civil rights movement took place here as a result of the horrible oppression suffered by blacks in the state at the time.

[mahatmakanejeeves]

19. I haven't read the article. Unless there's more to the article than I've seen here,

Last edited Fri Jan 19, 2018, 05:28 PM - Edit history (4)

all she did was speak, right? Did she engage in any conduct that resulted in actual harm (not just "my feelings were hurt" ) to anyone else?

[groundloop]

20. I could go on a twitter rant against my employer and perfectly well expect to be fired

This falls in the same category. A university is not the government, just as my employer is not the government.

The first amendment says that the government shall not make laws restricting speech, it says nothing about employers (or civic associations, or universities, etc. etc. etc.) setting standards of behavior one is expected to maintain and still be allowed to be there.

[mahatmakanejeeves]

25. If she went out and threw rocks at black students, staff, etc., then yes, that's behavior.

Going on a Twitter rant? That's protected speech.

Twitter can ban her; I have no problem with that.

Thanks for writing. I'm enjoying this thread.

[Hassin Bin Sober]

31. Are you really not aware that Universities have a Code of Conduct students must agree to when ...

... they enroll?

Are you really not aware that courts have allowed University and Schools to set minimum conduct rules to benefit the student body?


https://studentconduct.sa.ua.edu/wp-content/uploads/sites/23/2017/09/2017-Code-of-Student-Conduct-FINAL.pdf

The University of Alabama aspires to transmit knowledge, to develop its students, and to promote the quality of society. In seeking these goals, the University recognizes the significance of student rights. These rights include freedom of expression, autonomy, procedural protection, and the integrity of people and their property. By ensuring these individual rights, the University fosters an environment conducive to student success and well-being. The Code of Student Conduct fully respects student rights.

Of course, students have obligations in addition to their rights. As members of an academic community, students must observe rules that benefit their classmates, their community, and their University. Students must practice personal integrity. By so doing, they respect the dignity, rights, and property of others. The University has a vital interest in the character of its students and, therefore, regards behavior at any location (on-campus or off-campus) as a reflection of a student’s character and fitness to be a member of the student body. The Code of Student Conduct thus creates an expectation of behavior that the University deems acceptable. By fulfilling these expectations, students can enjoy their own rights, while also respecting the rights of others and furthering the University’s goals.

[mahatmakanejeeves]

32. If that's all they've got, they can expect to pay up.

Thanks for writing. Great thread.

[Hassin Bin Sober]

59. They are not going to pay up because the coward is going to slink back from whence she came.

Most people aren't going to want to go to court to press their rights to say "n*gger n*gger n*gger"

You'll just have to find another champion.

[groundloop]

33. "Protected Speech" means I can't be ARRESTED for it

NOT that there will be no consequences from sources outside the government.

[X_Digger]

55. a state college is an extension of the government. n/t

[mahatmakanejeeves]

22. I suspect the salaries of professors and staff at U. Alabama are paid with money

collected from taxpayers. They certainly are in Virginia.

That sounds like a gummint actor to me.

2016-17 salaries of Virginia state employees

{snip a big long list}

Thanks for writing.

[djg21]

27. This is incorrect.

State (public) schools are considered arms of State government for purposes of 42 USC 1983, so university administrators who were personally involved in alleged constitutional deprivations are subject to suit.

I don’t know this website, but it contains citations to relevant SCOTUS decisions. https://www.thefire.org/in-court/state-of-the-law-speech-codes/

[groundloop]

36. I'll look at that tonight when I have time

I must say that I appreciate everyone here being able to keep a disagreement to relevant facts and not getting personal with it.

[mahatmakanejeeves]

44. I concur. Great thread. I love that everyone is throwing in his two cents.

I'm about to take off for the afternoon.

Please enjoy the weekend, groundloop -- and everyone else.

[melm00se]

37. Your assertion

seems to be in conflict with this:

"As state entities, public institutions must conform to constitutional provisions that prohibit the state from discriminating and from denying constitutional rights. Thus, much of the law of public institutions stems from constitutional amendments such as the following..." (emphasis added)

http://law.jrank.org/pages/5366/Colleges-Universities-Legal-Climate.html

I am not defending this bonehead's actions but I am defending her Constitutional rights.

[X_Digger]

54. No, stage colleges are organs of the state, per case law. n/t

[crazycatlady]

49. Freedom of speech does not mean freedom from consequences

It means that you can't be ARRESTED for speaking up.

Girl was not arrested, she was kicked out of school. That was the consequences. Same thing if she were fired from a job for hate speech (like some of the torch carrying Nazis in Charlottesville were)

[X_Digger]

56. No, arrest isn't the only possible infringement of free speech by a state actor. (the school). n/t

[tenderfoot]

50. Boo-fucking-hoo

[stonecutter357]

5. good

[nwduke]

8. Her next stop its.....wait for it....

Trump University!

[melm00se]

11. Hopefully

this will stick.

If the U of A, in a rush to address a PR nightmare, booted her without giving her due process, U of A will lose if this gets appealed.

[raven mad]

12. I used to know people like this.

I'm glad I don't any more.

[Blue_Tires]

21. kick

[Fummel]

23. Does anyone know her Twitter account?

I have a few words for her.

[oberliner]

48. Harley Barber apologizes for racist video, says she was expelled from Alabama

A University of Alabama student who posted videos to social media in which she repeatedly used the n-word and other profanities apologized on Wednesday and said she has been expelled from college.

Harley Barber told the New York Post she was heading back to New Jersey after being kicked out of school. "I did something really, really bad," Barber told The Post. "I don't know what to do and I feel horrible. I'm wrong and there's just no excuse for what I did."

http://www.al.com/news/birmingham/index.ssf/2018/01/harley_barber_apologizes_for_r.html