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Kansas State Football / Re: Athletes Forcing Change
« on: July 01, 2020, 09:47:57 AM »
Google/search lexis/nexis for "first amendment retaliation".

Obviously there are no cases exactly like this one, but the law is clear as is the possibility, if not likelihood, of damages in the millions of dollars.

Given KState's size and the stupidity it would take for University to take any actions to remove this guy, the damages would likely be huge - as the point is to make it painful.  KState could easily manage a low seven-figure claim.

And no, the University cannot start digging into the guys past as that would simply support the idea that they are retaliating because of the tweet.

The good things is that the President and University counsel know this and are looking at other ways to address the situation.


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Kansas State Football / Re: Athletes Forcing Change
« on: June 30, 2020, 05:07:53 PM »
I think punitives (or any damages beyond nominal) would be pretty unlikely.

Happens all the time.

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Kansas State Football / Re: Athletes Forcing Change
« on: June 30, 2020, 03:25:22 PM »
You would be incorrect. That phrase does not refer to disrupting someone's internal peace; it refers to a state of lawlessness that is considered dangerous. For example, let's say you're repossessing someone's tractor because you loaned them money to purchase the tractor and they defaulted on the loan. When you show up, the farmer is sitting on the tractor with a shotgun. You cannot then repossess the tractor without causing a breach of the peace, so you can no longer privately repossess it.
There's a practical element to this.  K-State can do whatever it wants.  There's very little (if anything) K-State can do to punish protected (i.e. racist) speech within the bounds of the constitution.

If K-State needs some pretext to boot this guy (or the next guy) off campus or otherwise punish him in any meaningful way, "breach of peace" is as good (and as bad) as any, imo.

No, K-State cannot do just whatever it wants. It's a state university. The state owns it, runs it, allots it money etc.  It is a state actor regardless of which way the political winds happen to be blowing. I forgot that part of the Constitution where it said, hey these rights we discussed, nevermind ... they don’t rough ridin' apply if a school has a code of conduct. Being expelled is punishment.  The First Amendment prevents state actors from retaliating against individuals for protected speech.  It isn't just limited to protection from being jailed.

The whole reason for the code of conduct change is so that students can be removed for similar comments in the future. This is setting up the university to be sued in multiple ways when the next racist bad person like this kid gets kicked out for similar statements/tweets/FB posts. I understand that it wasn't really a joke to him. I understand who he is and the groups he associates with. I also understand that as a grown adult, sometimes you have to just walk on by the trash.

This little punk's comment was horribly insensitive, specifically intended to rile people up, comes at a politically hostile time, and is not worth the time it takes to read.

Yet, here we are anyways.
Yes, K-State can.  If K-State wants to expel him or anyone like him, they can do it in the next ten minutes.  Whether, down the line, the guy sues and K-State gets told by some judge that they have to let him back in is another (and overwhelmingly likely) story.

I get how the first amendment and student speech works, but the practicalities of constitutional protections being enforced require more than the bare unconstitutional action.

Yeah.  Just like a person can rob a bank or kill someone...

The kid would sue, he'd win, and the University would write a check for at least seven if not eight figures.

They'd be subject to punitive damages.  Just how big do think the damages would be so that the University would never do this again. 

This kid has already lawyered up and is waiting for the University to do something stupid.

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Kansas State Football / Re: Athletes Forcing Change
« on: June 27, 2020, 10:02:28 PM »
If KSU implements an anti-racism policy to expel this POS, I would donate significantly more than usual if the University ends up in a court battle over it. If there was ever a time to test free speech laws against anti racism policies, this is it.

The tweet itself IMO is just distasteful. But the fact it comes from a racist absolutely elevates it to a racist statement.

Would you chip in for his lawyers fees when the university loses?

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Kansas State Football / Re: Athletes Forcing Change
« on: June 27, 2020, 08:06:10 PM »
Uh, what?

The first amendment prevents the government from dictating what folks can say outside a few exceptions - eg threats to others, yelling fire in filled room.

Hate speech, specifically, is protected.

Government policies that preclude free speech are unconstitutional.

This is such an obvious situation and it went completely over the student-athletes' heads.

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Kansas State Football / Re: Athletes Forcing Change
« on: June 27, 2020, 07:47:55 PM »
Since there is now a coordinated movement by our athletes should probably post something here. Note that this will be the only post on the football (or any other sports) board for politics. Happy the kids are taking a stand and fully support them crushing our sports programs if the school can't figure its crap out in a way that the kids agree is sufficient.




What the athletes want is punishing a person for constitutionally protected speech.

This isn't going to end well.

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Kansas State Football / Re: 2018 FCS Semifinals Bowl
« on: December 15, 2018, 10:22:58 AM »
NDSU does run a pro-style offense.

But when you have an advantage, in this case Stick against the Rabbits, you play to it.

He rushed for more than 150 yards last night, 15 the week before.

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Kansas State Football / Re: 2018 FCS Semifinals Bowl
« on: December 14, 2018, 11:46:07 PM »
How good can this new coach be if they can’t put away South Dakota?

That was your old coach who had to rally the wildcats in the fourth quarter.

NDSU beat USD by 40 at their house.

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Kansas State Football / Re: Win the Dang Day.
« on: December 12, 2018, 04:09:53 PM »
You guys are right about the cursing.  There is no place for that.

That being said you need to go back and listen to the video.

Klieman actually says "Every dong day."  Not sure why, he's apparently lost his sh#t since taking his new job.  ->you're problem now.

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Kansas State Football / Re: really, REALLY excited about our NDSU guy
« on: December 12, 2018, 04:04:07 PM »
Bill and Sean in the row that is in FRONT of the front row!

https://twitter.com/TomKCTV5/status/1072915395831652352

Sean either looks like

1) he's gonna cry

or

2) he's going shoot lazers out of his eyes like that beat up muppet in the Radioactive music video.

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Kansas State Football / Re: This is Very Fishy
« on: December 12, 2018, 04:01:03 PM »
Definitely fired.
$3 million saved us from the age discrimination lawsuit.
It was worth it.

(Bison fan)

Could also be due the stupid clauses about Snyder getting to playing a role in the hiring of his successor and being a campus ambassador.


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