RE: Auburn follow-up

I'm new to this group, and this topic is pretty slippery, so don't tear
me to shreds (please):

> > Former members of the now-disbanded Auburn chapter of Beta Theta Pi 
> > fraternity have sued the university in state court, seeking 
> > $100-million in damages -- $1-million for each of the chapter's 100 
> > former members. The lawsuit contends that the university 
> defamed the 
> > students by portraying them as racists and that it violated their 
> > First Amendment rights when it punished them for wearing blackface, 
> > which the students say is protected speech.
> 
> The truth is (or ought to be) an absolute defense against claims of
> defamation, I suspect.

I'm not sure about the legal definition of defamation as opposed to
libel or slander, but it sounds like a valid case to me.  I've had only
a couple of business law classes, but I'm certain that even a
preponderance of evidence towards the truth is a good defense against
libel or slander.

Now it'll be up to the lawyers to convince the courts whether or not the
students actually are racist and whether their racist actions are
protected under the 1st amendment.  And then, whether the school can
dole out punishment for these actions.  If I was a lawyer on this case
I'd make sure the term "racist" was strictly defined.

My opinion (not that you asked): The frat boys have a constitutional
right to be racist. The school has a right to dole out punishment to
those who violate school policies.  What I don't see anywhere is what
the school's official policy is in regards to the frat boys' actions.
If nothing else, they should be expelled for sheer stupidity. 

-Jack