claim? let me talk about the two individuals who have either withdrawn or been expelled depending on who you ask. does the president of the university of oklahoma dave boren, does he have legal standing to expel them for their racist speech? >> no. in fact the first amendment protection for the students i think is even stronger than for the fraternity. as to the fraternity one could argue that the fraternity was being punished not just because of the speech but because the fraternity may have acted in a racist way in excludeing for example black applicants and the like. it's an interesting question and the university seemed to stress just the speech but you can say the fraternity would be liable there. but the students the students are punished solely because of their expression of these awful ideas but indeed they are expression of racist views and that's something that the first amendment does not allow. >> what if the students are actually acting on their racist views, what if in fact there haven't been bids offered during