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Comments
What does the UGA student code of conduct say concerning behavior on campus?
No matter how bad and distasteful, what he said is protected by the first amendment and a state ruling won’t override the first amendment. So, in this particular "context" it is protected speech.
Fighting words aren't protected
Has the constitution ruled it a fighting word?
Well the constitution can't rule anything but the courts have yes.
Edit: a fighting word/s is considered any word or phrase that it's mere utterance would injure another party or cause an immediate breach in peace. Good luck arguing the N-word doesn't fit that description.
Considered a fighting word by which court(s)?
Has anybody read the UGA Ethics and Standards for Student Athletes?
" No student-athlete or institutional representative shall use v.ulgar language that will in any manner insult or degrade opposing participants, coaches, officials or spectators. The University of Georgia, as a member of the National Collegiate Athletic Association and Southeastern Conference, subscribes to all policies established to regulate appropriate behavior. Accordingly, student-athletes or institutional representatives not complying with these policies are subject to appropriate disciplinary action including possible suspension and loss of financial aid. "
You would think that this could not only apply to "opposing" but also to the school you are associated with?
Problem with that is any mean word is degrading “insult or degrade in any manner”. How do you weigh how “horrible” a word is? If it says ANY insulting word then they would have had to expel most all of the frats and a large portion of the student body. Do they follow that rule?
Hand Book for Student Athletes is a little more stringent I would think.
I agree, he doesn't have much to stand on regarding his baseball career or as a student-athlete. They'll have to argue the expulsion part. He was kicked off the team and lost his financial aid, then a few days later they took it a step further and expelled him from even being a regular student, not a student-athlete. I think his lawyer will argue that latter point of expulsion on the basis of "free speech."
Well there’s about a 0.0% chance this has been equally enforced haha
That argument would only have merit if his "free speech" occurred when he was a regular student and not under the guidelines of the conduct of a student athlete, which he was when he yelled his "free speech".
I think they'll argue that they didn't allow him to stay as a regular student. He was already done with the baseball team ("financial aid," referenced in your quote was already taken away), then later they decide to expel him. Now his lawyer wants to leave it up to a court to decide if that was appropriate action by UGA or not.
I hope he doesn't get a dollar, they're probably hoping UGA just settles out of court. All Sasser's lawyer has to do is bluff at exposing other incidents and they'll hand over a bag of cash.
First approach the lawyers should have taken was to to file suit against the NCAA, SEC and UGA arguing that the code that was violated is unconstitutional based of a persons right to free speech. If that was ever proven in their favor, then they could go against wrongful expulsion etc.etc.....
As it stands, there is no constitutional issue based on someone being expelled for violation of a code which which has yet been deemed unconstitutional.
Pretty sure UGA has some pretty good Constitution expert lawyers looking at this and their not going to fold based on PR threats.
They are taking your first approach (arguing 1st and 14th amendments violated), just against UGA not all the parties you listed.