[TonyLima]

I agree with you.  I would add, however, that the First Amendment protects people from having their speech curtailed by the government, not private organizations and that freedom of speech doesn't imply that everyone should be shielded from consequences of that speech.  The question here is not so much about freedom of speech, but about whether the University should be heavy handed about its response to speech that offended some people (a religious minority to boot).  I don't think the University should come down hard on the band, but I do think the band could do with some discussion about what topics are and are not appropriate targets for satire.

BC

As a technical matter, I must note that in California, under Education Code section 94367, subdivision (a), a private university stands in the shoes of the government for the purposes of First Amendment analysis.  But I was not making a legal argument so much as a social tolerance argument.  There simply is no recognized right to go through life without ever being offended, while there is a recognized right to free speech.  I just think people should remember that, be more willing to shrug off comments that offend them, and get on with their lives.  But as I said, I’m probabably just a dinosaur in modern times.

If any private university takes them to court over section 94367, my non-lawyer guess is that it will be tossed as unconstitutional government-mandated speech.

[TonyLima]

I agree with you.  I would add, however, that the First Amendment protects people from having their speech curtailed by the government, not private organizations and that freedom of speech doesn't imply that everyone should be shielded from consequences of that speech.  The question here is not so much about freedom of speech, but about whether the University should be heavy handed about its response to speech that offended some people (a religious minority to boot).  I don't think the University should come down hard on the band, but I do think the band could do with some discussion about what topics are and are not appropriate targets for satire.

BC

As a technical matter, I must note that in California, under Education Code section 94367, subdivision (a), a private university stands in the shoes of the government for the purposes of First Amendment analysis.  But I was not making a legal argument so much as a social tolerance argument.  There simply is no recognized right to go through life without ever being offended, while there is a recognized right to free speech.  I just think people should remember that, be more willing to shrug off comments that offend them, and get on with their lives.  But as I said, I’m probabably just a dinosaur in modern times.

If any private university takes them to court over section 94367, my non-lawyer guess is that it will be tossed as unconstitutional government-mandated speech.