COLLECTIVE PUNISHMENT FOR SPEECH — SPEECH THAT MAY NOT HAVE EVEN TAKEN PLACE: Georgia Tech restricts frat; chapter denies harassing black student.
Georgia Tech has placed restrictions on a fraternity with a history of disciplinary penalties, over what the university says was discriminatory behavior.
In early August, a black student at the university said three members of the Phi Delta Theta fraternity yelled racial slurs at her from windows of the fraternity house. . . .
Under the restrictions, the chapter may continue “recruiting new members, holding meetings to conduct chapter business and service activities,” but may not participate in Greek Week or homecoming, nor host, co-host or participate in social events on campus, with or without alcohol.
Chapter members will be required to complete specified training to get the restrictions lifted.
On Wednesday, the local chapter disputed the university’s findings and requested an independent investigation.
“We remain convinced that the allegation is false, and that no one from our fraternity was involved. There is compelling video and an abundance of other credible evidence that contradicts the claim, which remains unsupported by any corroborating evidence,” Matt Edwards, alumni association president of the Georgia chapter, said in a statement to The Atlanta Journal-Constitution on Wednesday.
“We are troubled by a disciplinary and investigative process that we believe was flawed, and we ask that the Institute be open to an impartial and independent review by a respected third party.”
The fraternity says the windows in the house where the black student claimed the racial slurs were made were locked or inaccessible, video surveillance does not show the student in front of the house, and that the dean conducting the investigation predetermined the fraternity’s guilt before the investigation began.
Georgia Tech officials declined to comment beyond the online posting.
Fake “hate crimes” are common, and university officials’ willingness to punish fraternities — disfavored institutions made up of those icky men — based on no more than an accusation is well established. But even if the accusation is true, punishment is unconstitutional. Racist speech is still protected speech, and it doesn’t morph into “discriminatory conduct” just because the university wants to punish it.
I’m also curious — are any other student organizations collectively punished for the random acts of a few members, or is that sort of collective responsibility reserved for fraternities?