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Subject: Re: State Constitutions can be broader than the U.S. Constitution

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Date Posted: 14:40:12 12/16/16 Fri
In reply to: Diogenes 's message, "Re: State Constitutions can be broader than the U.S. Constitution" on 13:47:57 12/16/16 Fri

This has nothing to do with criminal behavior or common law.

It involves defining acceptable behavior in diverse private communities.

And there is no evidence it surfaced as a result of spying or anything Orwellian on the part of Princeton. You have to be a moron to think anything on the internet is really private. Employers routinely google prospective hires and check their Facebook pages etc. So do college admissions officers.

If anybody used racial slurs or degraded women at my country club and someone who was offended filed a grievance, there would likely be a hearing leading to suspension or removal. It's written right in our by laws. They don't need to assault anyone or commit a crime.

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[> [> [> [> [> [> [> Subject: Speech versus Behavior

Diogenes (Asia Sunset)
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Date Posted: 15:52:51 12/16/16 Fri

Speech can become behavior. Behavior can become speech. A good example of that is a protest against a speaker. The protest, no matter what is said, is protected speech. When the protestors drive the speaker from the stage and prevent the speaker from speaking, the protected speech becomes improper behavior.

As you point out, the use of the internet raises difficult issues. However, non-criminal private speech, intended as such, should not be subject to penalty. Put another way, privately expressed thoughts cannot be regulated or penalized by anyone, public or private. This should be particularly true at an institution theoretically devoted to the teaching and practice of free thought and expression.

The "outing" of the private speech of male athletes should not strip that speech of its private speech protection.

Your country club example is inapposite because the speaker willingly and knowingly agreed when joining the non-federally funded club to be disciplined or expelled for speech or behavior which a certain group of members found inappropriate.

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[> [> [> [> [> [> [> Subject: Re: State Constitutions can be broader than the U.S. Constitution

Lover of defense
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Date Posted: 10:02:29 12/19/16 Mon

Asia, you have it 100% correct. As a former in house attorney at a private institution, your analysis is spot on.

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