“Further, as a private university Harvard certainly has the right to set standards of behavior for those that have the privilege of representing their school on the playing field. They are not stopping these men from their free speech, but they won’t let them represent Harvard if they want to behave this way.
It’s like an ethics clause when celebs/athletes do product endorsements. They are free to say whatever they want, but if it reflects poorly on the brand, then they are out. As for punishing all for the sins of a few - time to be mature and if you see something say something! Wasn’t that Billy Bush’s problem. He went along with the whole thing and paid the price. I don’t see these soccer comments as much different from the Trump/Bush tape really. Demeaning to women. Such an outcry on Trump (deservedly so), but why the love for these Harvard guys? I’m not saying lock 'em up, or throw them out, but missing a few soccer games and making them an example is not too harsh”"
The FIRE.ORG has taken the position that institutions like Harvard contractually are bound to provide full free speech rights (based on what they say about their own institution to prospective students). It’s a very interesting argument that has yet to be determined in the courts.
Here is their argument: "private colleges and universities should be held to the standard that they themselves establish. If a private college advertises itself as a place where free speech is esteemed and protected—as most of them do—then it should be held to the same standard as a public institution.
Furthermore, private colleges and universities are contractually bound to respect the promises they make to students. Many institutions [including Harvard] promise freedom of expression in university promotional materials , but then deliver selective censorship once the first tuition check is cashed. They may not be bound by the First Amendment, but private institutions are still legally obligated to provide what they promise. Private institutions may not engage in fraud or breach of contract."
Let’s assume for a moment they are right and that Harvard is contractually bound to provide free speech rights. OR let’s say for a moment with was Berkley.
The issue then is if this would be a free speech issue. To me, it is clearly yes.
Most people just don’t understand what free speech is.
You show a complete lack of understanding when you say this: “They are free to say whatever they want, but if it reflects poorly on the brand, then they are out.” or “They are not stopping these men from their free speech, but they won’t let them represent Harvard if they want to behave this way.”
NO, they are out because the are NOT free to say whatever they want. Pro Athletes and actors sign contracts which LIMIT their right to say “whatever they want.” They do NOT have free speech rights vis a vis the companies they represent.
Being “free to say whatever you want”, that is to say “free speech” means that THERE CANNOT BE ANY CONSEQUENCE FROM OFFICIALS FOR YOUR SPEECH. If there are OFFICIAL consequences then they are “being stopped from their free speech.”
The only issue here is whether Harvard, which does not have to grant free speech rights, did so via the type of contractual obligation that The FIRE.ORG has posited.
It’s a fascinating question. I don’t know the answer.