Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, May 12, 1993 TAG: 9305120267
SECTION: VIRGINIA PAGE: C3 EDITION: NEW RIVER VALLEY
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Short
The ruling by a three-judge panel of the 4th U.S. Circuit Court of Appeals was a victory for Sigma Chi, which performed the skit on April 4, 1991, as part of its "Derby Days" fund-raising event at the student union.
In upholding a ruling by U.S. District Judge Claude M. Hilton, the appeals court said the skit was subject to the same First Amendment protection afforded other forms of entertainment.
Hilton nullified university-imposed sanctions that would have sharply curtailed Sigma Chi's social activities for two years.
"I am absolutely thrilled that the Constitution was upheld," said Harvey Silverman, a Fairfax County lawyer and regional governor of Sigma Chi.
"Freedom of speech is certainly crucial to an effective university learning environment," the university said in a statement released by its public relations office. "At the same time, for us the original incident was always a behavioral issue. Sexist and racist behavior are unacceptable at George Mason University."
University spokesman Daniel Walsch said any further appeal would be the decision of the Board of Visitors.
The fraternity's skit featured several members wearing women's clothes, including one who wore blackface, stuffed his outfit with pillows to simulate large buttocks and breasts and spoke in slang to parody blacks.
by CNB