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November 13 2019

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Dear Editor,

I draw the attention of your readers to the matter involving the UG student recently accused of making “nasty” racist remarks against Afro-Guyanese on Facebook. Several, including the President of the University of Guyana Student Society and the university administration, have expressed their views on the appropriate way to sanction the student. I have not seen the student’s actual comments. Nor have I seen his reported apology. But even with that handicap, I wish to venture into the legal minefield to discuss the extent that such “racist rants” are protected by our constitutional right to freedom of speech and, therefore, the extent that the student is outside the penalizing reach of the university administration and the state.

I rely heavily here on the verdict of a US circuit court, issued just last week, which conveniently summarizes the state of the law in the US regarding the limits to on-campus and off-campus speech by students (https://www.courtlistener.com/...-indep-con-sch-dist/). 

US jurisprudence on the issue starts by recognizing that, as citizens, access of students to all constitutional rights (including freedom of speech) does not diminish when they pass through the campus gates or sit in the classrooms. Secondly, it recognizes that, apart from the general restrictions placed on such rights for all citizens, a student’s freedom of speech and other rights must be further tempered due to the fact that schools and campuses have a teaching and learning mission, which requires a special environment devoid of disruption and disorder. Taken together, these two considerations serve to outlaw certain activities and behaviours of students on US campuses, such as noisy protest marches. Not that that has stopped such demonstrations.

The on-campus legal situation is clear. The same thinking extends to school-sponsored activities off-site. The education mission of the school continues to limit the rights of students.

The more difficult question is the rights of students when they are off-campus engaged in their own activities on their own time. This is the case here with the UG student who was spouting racist remarks during his own free time on social media. Can the university penalize him? Alas, the US Supreme Court is yet to rule on this, with such cases left to the individual judgments of US circuit courts. A consensus, however, seems to have emerged in the US that should a student (off-campus and on his or her private time) say or do something, the impact of which disrupts or could reasonably be projected to disrupt the teaching environment in his/her school, that student could face punishment by the school. The fact that social media allows hate and other deplorable speech to be widely circulated, such a law or university rule, if implemented, puts a tight noose around what students could safely post online.  

Of course, Guyana has the Racial Hostility Act “for preventing conduct tending to excite hostility or ill-will against persons by reason of their race.” But given what I am told about the level of racial nastiness on Facebook (as a non-user myself), our authorities apparently think it best to turn a blind eye.  As for the university, it should first publish a clear policy for on-campus and off-campus student behaviour that respects the rights of students and its need to fulfill its own educational mission.

Yours faithfully,

Sherwood Lowe 

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UG student in racist video says he’s being victimised

November 13 2019

Source

Brian Kayume, the University of Guyana (UG) student who is featured on a now viral video making racist jokes, says he is being victimised despite his numerous apologies.

Kayume told Stabroek News on Sunday that while he posted the video, he took it down shortly after.

“I realise it was really bad and that’s why I took it down,” he explained.

However, he said another UG student had already saved the video and reposted it. “She told me that she has nothing against me but that she felt as though she needed to post it,” he noted, explaining how the video became viral after he had already deleted it.

Not too long after the video was posted, the teen made an apology video which he also uploaded to one of his social media accounts. The apology video was not received well. In his apology, he justified why he saw no reason for the backlash he was receiving and touched on the fact that other people make “racist jokes” all the time but when he did the same, he ended up being victimised.

Kayume said he was not trying to seem condescending in his apology and that people took his words the wrong way. “Because look at it this way: I spoke to my (Afro-Guyanese) friends after the video was out and they said they understand and laughed it off but everybody else look at it and try to victimise me for it,” he noted.

He further said that he apologised two times through written letters after the apology video was released but he is still receiving threats.

In a statement released last Thursday, UG said it viewed “the recent utterances purported to have been made by one of our young students” with deep concern.

“The University notes that the student has already voluntarily recanted his statements and apologised publicly. We would hope that he would now be allowed to reflect and consider the consequences of his actions and to grow past this moment. Our staff will continue to work with him and any others to identify the triggers and any underlying factors to be addressed which could have led to this outburst,” it said.

It added that it aspires to be a model for the nation and all of its constituents, including staff and students, are reminded of its values, including a total rejection of all forms of bigotry and discrimination.

UG appealed to those sharing the video to consider not doing so, while explaining that it may unintentionally perpetuate the utterances and behaviours being decried.  “We had been planning a series of internal and public interventions for the next few months and this incident has now brought them back into sharp focus,” it added.

Asked what was going through his mind after the video was posted, Kayume said that was the reason he took it down as he felt bad. “I would like to take this time to once again apologise to the public and communities I offended in the videos,” he added.

President of the University of Guyana Students Society (UGSS) Jafar Gibbons said that while there had been a vote in favour of suspending Kayume from classes, he might be given counselling instead and that internal and public interventions would be made to address racial tensions that exist.

Kayume said he had not been informed of any decision and added that if he does get suspended, he would gladly take the time to “find a good middle ground.” He added that he believes that time off from classes is much needed, especially with everything going on.

Kayume also pointed out that he has noticed that some persons want him to be expelled, but he thinks that such a penalty would be disproportionate. “I won’t mind taking a break from classes because this is mentally messing with my head but expulsion is completely out,” he added.

Django

Negroes do the same on FB too. Some of them call for the army to take power if the PPP ever wins another election. It's not something that should be advocated. However, let's call a spade a spade.

FM
skeldon_man posted:

Negroes do the same on FB too. Some of them call for the army to take power if the PPP ever wins another election. It's not something that should be advocated. However, let's call a spade a spade.

No amount of speech can match the violence that blacks in Guyana sponsors by the PNC commit.

FM
ksazma posted:
skeldon_man posted:

Negroes do the same on FB too. Some of them call for the army to take power if the PPP ever wins another election. It's not something that should be advocated. However, let's call a spade a spade.

No amount of speech can match the violence that blacks in Guyana sponsors by the PNC commit.

They have a feeling of entitlement. Deny them anything and all hell will break loose. It's in their DNA. We see the African primates behave this way.

FM
skeldon_man posted:

Negroes do the same on FB too.

Some of them call for the army to take power if the PPP ever wins another election.

It's not something that should be advocated. However, let's call a spade a spade.

You reading a lot of FB post  as i do , haven't seen much of such suggestions

Django
Django posted:
skeldon_man posted:

Negroes do the same on FB too.

Some of them call for the army to take power if the PPP ever wins another election.

It's not something that should be advocated. However, let's call a spade a spade.

You reading a lot of FB post  as i do , haven't seen much of such suggestions

I have seen some of these, especially a morbid obese negro that can hardly fit in the seat of her car. It was done sometime in March of 2019. Bai, one is one too many.

FM
Last edited by Former Member
Django posted:
skeldon_man posted:

Negroes do the same on FB too.

Some of them call for the army to take power if the PPP ever wins another election.

It's not something that should be advocated. However, let's call a spade a spade.

You reading a lot of FB post  as i do , haven't seen much of such suggestions

Bai, just like me, you duz see wha yuh waan see. 😀

FM

some yall really not thinking...there are many racist posts on FB and youtube, but when it's someone from a university, then it gets more attention because the University's name comes into play

lots of tom, dick and harry does say racist stuff...check out GNI posters (and they are supposedly educated)

FM
Django posted:
skeldon_man posted:

Negroes do the same on FB too.

Some of them call for the army to take power if the PPP ever wins another election.

It's not something that should be advocated. However, let's call a spade a spade.

You reading a lot of FB post  as i do , haven't seen much of such suggestions

Gud, you still see but not much.

So why focusing on brother Kayume... Ray gon hang you. 

FM
Dave posted:
Django posted:
skeldon_man posted:

Negroes do the same on FB too.

Some of them call for the army to take power if the PPP ever wins another election.

It's not something that should be advocated. However, let's call a spade a spade.

You reading a lot of FB post  as i do , haven't seen much of such suggestions

Gud, you still see but not much.

So why focusing on brother Kayume... Ray gon hang you. 

I does rebutt some of them, when the mood . No focusing , that youngster will learn in due time.

Ray exposing alyuh !!!

Django

Brother Kayume was out of line with his comment and has since apologized. The university must implement strict anti racism policies but they also need to recognize that they have to balance free speech since they are an institution of learning and they play in important part on allowing free speech and free thought. 

FM
Sean posted:

Brother Kayume was out of line with his comment and has since apologized. The university must implement strict anti racism policies but they also need to recognize that they have to

balance free speech since they are an institution of learning and they play in important part on allowing free speech and free thought. 

Read up on free speech in USA , will learn a thing or two. Nuff....nuff .. papers out there .

Django
Last edited by Django
Ray posted:

some yall really not thinking...there are many racist posts on FB and youtube, but when it's someone from a university, then it gets more attention because the University's name comes into play

lots of tom, dick and harry does say racist stuff...check out GNI posters (and they are supposedly educated)

Yuh rass tek yuh eyes pass people heah accusing dem of being educated? 😀

FM
Ray posted:

some yall really not thinking...there are many racist posts on FB and youtube, but when it's someone from a university, then it gets more attention because the University's name comes into play

lots of tom, dick and harry does say racist stuff...check out GNI posters (and they are supposedly educated)

Aren’t you the moderator?  Or do your powers only extend to protecting your friends and posse?

Baseman
Baseman posted:
Ray posted:

some yall really not thinking...there are many racist posts on FB and youtube, but when it's someone from a university, then it gets more attention because the University's name comes into play

lots of tom, dick and harry does say racist stuff...check out GNI posters (and they are supposedly educated)

Aren’t you the moderator?  Or do your powers only extend to protecting your friends and posse?

Bai, lef Ray alone. Being moderator on GNI is a thankless job and Ray was gracious enough to undertake it. This rumshop nah deh down heah. 😀

FM
skeldon_man posted:

Negroes do the same on FB too. Some of them call for the army to take power if the PPP ever wins another election. It's not something that should be advocated. However, let's call a spade a spade.

It is appalling how you try to rationalize this; they do it so lets look the other way when our own so do something horrible. You are not calling a spade anything. You are agreeing with the improper use of the spade that is used as a weapon.

This kid got his idea that his "joke" was tolerable because he got cultural reinforcement for it. The casual attitude to his statements signified not a hint of inculcated moral guide lines existed to guide him. Unfortunately, he screwed himself.

UG cannot sanction him but US universities will when they check his online footprint. Once registered there is little a university can to to enforce off campus discipline. That is left to the student's moral training. However, they will weed out the bad seeds during examination of his application. 

FM
Last edited by Former Member
Ray posted:

some yall really not thinking...there are many racist posts on FB and youtube, but when it's someone from a university, then it gets more attention because the University's name comes into play

lots of tom, dick and harry does say racist stuff...check out GNI posters (and they are supposedly educated)

Isn't this a RACE BAILING topic, why you don't close this one. Ah, Ha who you know mentality.

K
kp posted:
Ray posted:

some yall really not thinking...there are many racist posts on FB and youtube, but when it's someone from a university, then it gets more attention because the University's name comes into play

lots of tom, dick and harry does say racist stuff...check out GNI posters (and they are supposedly educated)

Isn't this a RACE BAILING topic, why you don't close this one. Ah, Ha who you know mentality.

If you can't tell the difference, then I can't help you

FM
Sheik101 posted:
Nehru posted:

Ray, yuh tek yuh skont pass Django

Lol. Yuh sure is nah u he talking bout?

I am very sure, not that you would know. You are Dj #2. Stupidness was sharing when Al Yuh born

Nehru
Nehru posted:
Sheik101 posted:
Nehru posted:

Ray, yuh tek yuh skont pass Django

Lol. Yuh sure is nah u he talking bout?

I am very sure, not that you would know. You are Dj #2. Stupidness was sharing when Al Yuh born

Oh yeah? Arite.  Wait til GNI resident Arawak see dis. Is licks like peas. 

Sheik101
skeldon_man posted:
 

They have a feeling of entitlement. Deny them anything and all hell will break loose. It's in their DNA. We see the African primates behave this way.

I see the Indo KKK are in full effect.  Continue on.

FM

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