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Subject: Speech versus Behavior


Author:
Diogenes (Asia Sunset)
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Date Posted: 15:52:51 12/16/16 Fri
In reply to: AsiaSunset 's message, "Re: State Constitutions can be broader than the U.S. Constitution" on 14:40:12 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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Author:
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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