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1st Amendment and Free Speech/freedom of speech issue of ASU TKE

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Question
What is your stance on the ASU fraternity TKE who threw the MLK party?

Should they have been punished for hosting a party that was "racially offensive?"

In relation to the situation, are there limits to the 1st amendments?

Answer
My personal view is that ASU violated the First Amendment rights of the students by punishing them for engaging in racially offensive speech.  There are no exceptions to free speech rights just because people find the speech offensive.  

CIR, where I used to work, litigated a similar case about 20 years ago involving a fraternity party at George Mason University.  We represented the fraternity members who were punished and won in court.  You can read a summary of the case here:

https://csl.sog.unc.edu/node/960

From what I have read of the case, the University violated the students' rights.  Universities do this all the time to silence politically incorrect speech.  Almost always, if the students take it to court, they win.

- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. My specialty is in cases involving public employment or education, as well as issues related to campaign finance. I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious content. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process and engage in campaign related speech.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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