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Tully Center for Free Speech Director Discusses Free Speech in Context of Theta Tau Videos

Molly Bolan/WAER

An investigation and the judicial process is still unfolding for Syracuse University students involved in the offensive videos recorded at an expelled fraternity.  The Director of the Tully Center for Free Speech at the Newhouse School says there are free speech values wrapped into the case.  Roy Gutterman says he had difficulty processing the stated comments in the videos.

I can be offended and still support speech in general, which is what I do. It was offensive. It is a really difficult argument to make to defend that speech.”

Five of the students involved filed anonymous lawsuits after Syracuse University took action with an investigation. Gutterman is also a Professor of Communications Law and explains that an argument of free speech could play out in a few different ways.

“Every student at a private university, whether it’s Syracuse or some other private university, is bound by the student codes of conduct. As far as receiving favorable treatment in a traditional judicial setting, in a court setting, those cases tend to play out on whether these policies are enforced with due process or fairness. That might be the ultimate question.”

As Gutterman points out, the judicial process on the 18 students involved in the videos is a private institutions’ matter on what he says are “elements of free speech values.”

Five of the students involved filed anonymous lawsuits after Syracuse University took action with an investigation.

 “We’re not dealing with government action, we’re dealing with a private university action, which has a code of student conduct that can be interpreted in a number of different ways. Even though the university upholds free speech values, those are going to be open for interpretation as to how far highly offensive content will go in this discussion.”

In a statement from the University, it says SU stands by the actions it took to protect the well-being of the campus community and maintain a respectful and safe learning environment.  It goes on to say the student conduct process continues and the announced timeline remains the same.