UW-Madison student racist rant video goes viral, expert weighs in on what makes hate speech protected or punishable

MADISON, Wis. (CBS 58) -- Students at the University of Wisconsin-Madison are asking for the expulsion of a white female student after she was recorded on video spewing racial slurs and glorifying slavery.

A First Amendment expert explains what kind of hate speech is protected and which is punishable.

The student in that racist viral video was identified by her peers as Audrey Godlewski. A petition was made for her expulsion after the university shared this statement:

"While the university can’t limit what students and employees post to their personal social media accounts and can’t take action against posts that are not unlawful, racist slurs do not represent or reflect UW–Madison values around creating an inclusive community."

This response incited student-led protests, but Howard Schweber, political professor at the university, said legally, there's not much action the school can take.

"This is not a matter of the university choosing not to take disciplinary action - they simply cannot, without running afoul with the First Amendment," said Schweber.

He said hate speech is protected by the First Amendment but shares the fine line of that protection.

"Even the speech that is otherwise protected can become unprotected if you say it to someone face-to-face, and it's what's called 'fighting words,'" said Schweber.

Unlike many students who want Godlewski off campus, UW-Milwaukee Alum John McCray Jones believes she should face the heat.

"She obviously came from an environment that was racist and sending her back there doesn't make our society better."

He adds that she should face some sort of educational obligations.

"While addressing that, like, she needs to make up for the harm that was done to Black students, I do think the university should force her - if she wants to keep her spot in the school - to want to address those harms," said McCray Jones.

CBS 58 reached out to the dean of students at the University of Wisconsin-Madison to ask if the protests and petition would be answered. We have yet to hear from them.