Find a Local Government Lawyer Near You

  • 1
    • Government Discrimination
    • Government Agencies/Programs
    • Education and Schools
    • Social Security - Retirement
    • Social Security - Disability
    • Veterans Benefits
    2

Why UCLA Needed Racist Student to Kick Self Out Of School

Quick poll.  Are you guys as sick of Alexandra Wallace as I am?  I’m certainly looking forward to the day University of California, Los Angeles administrators finally kicking her chubby and cellulite-covered butt out of the school’s dorms and into the streets for her anti-Asian ravings.  Man, I can’t wait to see her face once . . . Huh, what’s that you say?  Dang it, why can’t anything I’m looking forward to ever come true?

For those of you who have been following this story as closely as I have, you’re no doubt already aware that over the weekend the portly racist Wallace issued a statement that she would be withdrawing from UCLA after suffering through what she describes as “the harassment of my family, the publishing of my personal information, death threats and being ostracized from an entire community” just because of her three-minute video.

You know, I would really like to feel bad for her and maybe perhaps in another circumstance I would; however, that three-minute video of hers is making it really hard for me and I’m sure any non-racist to sympathize with her.  Moreover, let’s also not forget that Wallace’s video was anything but an accidental ranting made in frustration after a random encounter in the library with “Asians” like Wallace would like us to believe.  Her father confirms that Wallace was intending to make a series of these racist videos in an ill-conceived attempt to build a career as a video blogger.  At least she succeeded in showing her true colors and rallying her other white supremacist friends over at Stormfront.  By the way, that was the first and hopefully the last time I’ll ever need to mention that white power website again.

In any case, now that Alexandra Wallace is gone from the UCLA campus, the question still remains in many people’s minds of whether her racist remarks could have really gotten her kicked out of the campus.  The answer may seem like an obvious yes; however, like most things in life the simplest solutions are sometimes the most complex.  And in Wallace’s case, as idiotic and despicable as her comments may be, the fact remains that unfortunately she could not have been punished for making them by either the school or through our country’s legal system.

Now the latter is probably pretty obvious to you all.  All speech, even hate speech, is protected under the First Amendment of our country’s Constitution.  Rather than boring you with a long constitutional analysis on why this is the case, it’s a lot easier to just point you to this story.  As you can see, if the Westboro Baptist Church is able to get away with the crap they are spewing, chances are that Wallace’s racist ravings aren’t going to be that big of an issue as far as the First Amendment’s protections are concerned.

Basically, the reason the First Amendment incorporates such broad protections is because what can or can’t be considered “hate speech” is too broad a category to define without impinging on one’s freedom of speech.  What can be considered offensive to one group of people may not necessarily be considered hateful to another group, and so forth.  So clearly Wallace’s right to say her moronic comments are as protected as my rights to call her a fat pig.

However, the difference comes when one looks at this from UCLA’s standpoint and the disciplinary measures they may implement.  Again, on the surface this seems like an easy question to answer.  UCLA is a college and as a college they have the right to make their own rules and implement a code of conduct and require their students to adhere to them both as a condition for attending the school.  UCLA’s rules state that students cannot create a “hostile education environment” and thus Wallace’s YouTube hate speech should be sufficient grounds for her dismissal. Simple right?  No, not quite.

You see UCLA is a public college, meaning that it not only receives a large chunk of its funding from the state of California, but under National Collegiate Athletic Association v. Tarkanian, UCLA is also considered a state actor.  A state actor in this case basically means unlike like private schools, UCLA is legally bound to follow the US Constitution and not violate the rules within it.

And what’s in the US Constitution?  Why the First Amendment of course.  That means Wallace’s racist speech is unfortunately protected and even if UCLA wanted to kick her out for it, they legally would likely be prohibited from doing so for that reason.

So what have we learned?  Well, if you want to spew hate-ridden speech from your sloppy fat bimbo mouth, you should go to a public school.

Ken LaMance

Comments

  • wayne

    See im on the fence with things like this, Although i agree that there are certain things one should not say, There is an element of humor to things sometimes. I haven’t really been following this, first ive heard of it infact (from the uk)

    If anything it shows more of where society of the worlds Future leaders and workers are heading, If one girl has ruined her future at a school over a Racist video in an attempt to be a comedic blogger? if anything her idiocy is more annoying than her remarks.
    As for peoples reactions to this? i believe its lacking in grace, to condemn one person who is obviously so worldly uneducated to need to stereotype a race like her video does.

    I’m sure people have made remarks like “what was she even doing in a library in the first place? shes blonde *insert blonde joke here”
    We are a society of judgement. One of turning equality which seems favoring to some people.
    What i want to know is did she apologize for her video?

    Would that make it any better to the people who want to linch her? (can a girl be linched)

    Aside of the racism, I find it more worrying how people are turning towards the internet for fame.
    Were all doctors with wiki, etc.

    to me it just a perfect example of whats going to keep happening to some people. So for that im glad an example is being made.

  • Andrew Dat

    @Wayne

    You make a lot of good points, and indeed if you look at a lot of the responses this story has been getting, many of them are full of the very same bigotry that they’ve decried Wallace for spewing. It’s undoubtedly hypocritical, but at the same time I suppose that that’s the human response to things like this.

    More importantly though, I can’t agree with you more that people are turning too heavily to the internet to achieve fame. It wreaks of reality television. Certainly the internet is capable of creating celebrity, but I would just prefer that it’s done by way of legitimate accomplishments rather than outlandishness.

    Oh and Wallace did apologize eventually for her comments. However, she expressly apologize to all the “Asian” she was ranting against. There’s a link to her apology in the original post. It came of very insincere as it seems more like a political apology where the wrongdoer refuses to truly admit fault. Just goes to show you that Wallace is classless.

  • DG

    I am asian, and I found the 3-minute video funny with grains of truth. Those are the types of things/jokes I always make to my fellow asians. I honestly am not offended at all by the video, and I am appalled that so many asians are taken so far aback by it.

    This reminds me of scenarios like when an old lady spilled coffee on herself and sued McDonalds. Big deal. I feel the asians are acting like a tiny papercut is a giant wound and they are screaming “bloody murder! you racist white supremacist!”. It is quite pitiful and disgraceful.

  • Andrew Dat

    @DG

    There are definitely those who fall into your camp on this one, but despite any truths that you may see in her video. Would you agree that it nonetheless perpetuates the type of stereotypical racist speech that have impeded Asians the world over? Just a thought, is all. Thanks for reading and your comment!

  • MExploring

    We should all remind ourselves that there are and always have been unintelligent, unthoughtful people in the world and I’m almost inclined to put the aurther of this blog comment into the same category. I’m guessing that this isn’t the first time a teenager has said something unintelligent or without a certain degree of perspective. Nothing is new here folks…the only thing new is that there is a medium that now amplifies and carries your voice much further. Thats a lesson she will learn…but after ready this blog post…I’m inclined to say there are some other lessons to be learned. And this is a blog oriented to the law? it sounds like Perez Hilton…as ugly and immature as incident it comments on. T553

  • Andrew Dat

    @ MExploring

    This is indeed a legal blog, hence the legal slant of these articles. However, respectfully I have to disagree with your characterization of this post being immature. Though as you can clearly see from my post that I’m not fond of Wallace, what I hoped to convey is that despite my disapproval of her actions, she should nonetheless be protected for it based on our country’s law. In some respect, I’m exercising the very same freedom of speech that Wallace claims to hold so dear. Plus this is a blog, which means personal opinion comes with the territory.

    Thanks for reading though. Dissent is always welcomed.

  • Amber

    Not really sure why you included the ad hominem attacks on her weight in this post. Your argument would have been stronger without it, and I suspect this is what MExploring is referring to. Otherwise, this is an interesting article. I find it baffling and frustrating that people continue to act the way she did, much less document it and post it online.

  • Andrew Dat

    @ Amber

    Because I simply find her to be a disgusting person and I have to hit where she hurts, as awful as that sounds. But I’ll try to be more restrained in the future. Thanks for reading!

  • Daniel

    Lol Im asian and Im used to white people doing things like this, I had one girl harass me all year in high school only to find it was her way of saying she likes me rofl *shrug*

    My white friends tend to cross the line habitually but then they get this look in their eyes like they’re 12 years old or something, all I can do is smh which is even funnier when I see that they look at me like some wise old grey bearded asian man who will just smh and nod it off.. Which I kind of do lol (no choice) but make no mistake, every time this happens I lose great respect for them and I don’t want to be racist to all whites (Im not going to hate all white people because of a small handful of idiots, thats a lot of hating lol! I got better things to do) but it makes me wonder if befriending more whites is a good idea, it has caused me nothing but stress that seems to get greater over time and Im not liking that at all. Everything turns into penis jokes rofl, I’ve seen them get stupid when they’re drunk and though Im no porn star or anything I got them beat hands down so wtf is up with the white penis-complex? Straying way off topic I know but Im just trying to get a grip on why they act out their weirdness in such immature and despicable ways. That is what really turns me off, I can handle the racism but the aftertaste of just being around that for too long..? I wouldn’t even want my parents to know they’re my friends, they are embarrassing and wouldn’t hesitate to be one of those giggly anonymous racists on sites like Youtube.

    For her father to say it was premeditated like it was some choreographed event for Youtube is a cop-out. Your mind should be on a sincere apology, they’re the same and that kind of fanatical racism only breeds in family environments. If your daughter told you that she was going to make racist Youtube videos for Youtube to possibly turn it into a career then as her father what would you say..? What *should* you say? Just saying.. Apparently she’s attending UCLA just for the “experience”. He’s clearly trying to downplay everything so Asians will lighten up. Leaving school is just her valley-girl way of getting sympathy, its all about her and it always will be..

    She is definitely in need of a wake up call, poor judgement all across and I don’t believe it for one second that was some skit, she would have to be the greatest actress of all time in which case she could simply “act” her way out of this situation. See? This kind of stuff leaves an aftertaste and a few days from now it will just keep adding to it much like the reason why I was even compelled to post here. As for MExploring saying that this all fits in the same category is unbelievable. Racism causes anger, white people have no real characteristics compared to minorities so you will never understand, all you ever do is look for the high-road chalking it up to typical teen behavior, raise your kids properly then. I guarantee if an Asian student did that the parents would have beat her silly, no exaggeration. Attacks on her weight lmao, did you even see the video? The blogger went lightly. Always looking to get offended and turn things around using hypocrisy to justify.. Smh.

  • jake

    i am curious are we really saying that if a person makes a poorly thought out and asinine video online, they should have their lives turned to crap? they should be harassed, bullied and even threatened?

    bear in mind i dont agree with her ranting, merely that i find it horrifying that we turn to violence to enforce “equality”.

    even though we both know its still perfectly acceptable to bash white, males, christians and americans anywhere at anytime without negative results.

Leave a Reply * required

*

Get the best blog posts

Delivered once a week

We promise to send the best stuff only and you can opt out any time.

X