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Disbanded University of Oklahoma Frat Considering Legal Action

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A lawyer representing Sigma Alpha Epsilon fraternity announced Friday that his clients are “not ruling out” legal action against the University of Oklahoma for disbanding the fraternity chapter and expelling two members after a video emerged of the group singing a racist chant.

Citing free speech laws, lawyer Stephen Jones said Friday that the disbanded chapter was exploring legal action against the university for shutting them down. “The university still has codes of conduct,” Jones said. “Whether any of those trump the First Amendment is yet to be determined.” Jones has previously represented Oklahoma City bomber Timothy McVeigh.

“Above all else, the board of the local chapter that I represent is concerned about the physical safety” of the students, Jones said, noting that some members have been “afraid to go to class.”

What Sigma Alpha Epsilon Looked Like 70 Years Ago

Sigma Alpha Epsilon Circus Party, 1946
Sigma Alpha Epsilon Circus party at the University of California, Los Angeles in 1946.Peter Stackpole—The LIFE Picture Collection/Getty Images
Sigma Alpha Epsilon Circus Party, 1946
Caption from LIFE. A long-legged coed gets hoisted atop a circus wagon which will take her to the Sigma Alpha Epsilon circus masquerade party at U.C.L.A. The inside of the wagon, which normally is used for lions by a local circus, was already full of other guests. Halfway to the party the wagon broke down and the girls and their hosts continued on foot.Peter Stackpole—The LIFE Picture Collection/Getty Images
Sigma Alpha Epsilon Circus Party, 1946
Caption from LIFE. Bonnie, a mournful elephant, provided a lift to the party for two co-eds.Peter Stackpole—The LIFE Picture Collection/Getty Images
Sigma Alpha Epsilon Circus Party, 1946
Caption from LIFE. Delighted dates were carried off to the wagon by boys in bears' heads.Peter Stackpole—The LIFE Picture Collection/Getty Images
Sigma Alpha Epsilon Circus Party, 1946
Caption from LIFE. Sideshow "Barker" chivies coeds about their costumes as he hands out admission to "main tent." Peter Stackpole—The LIFE Picture Collection/Getty Images
Sigma Alpha Epsilon Circus Party, 1946
Sigma Alpha Epsilon Circus party at the University of California, Los Angeles in 1946.Peter Stackpole—The LIFE Picture Collection/Getty Images
Sigma Alpha Epsilon Circus Party, 1946
Sigma Alpha Epsilon Circus party at the University of California, Los Angeles in 1946.Peter Stackpole—The LIFE Picture Collection/Getty Images
Sigma Alpha Epsilon Circus Party, 1946
Sigma Alpha Epsilon Circus party at the University of California, Los Angeles in 1946.Peter Stackpole—The LIFE Picture Collection/Getty Images
Sigma Alpha Epsilon Circus Party, 1946
Sigma Alpha Epsilon Circus party at the University of California, Los Angeles in 1946.Peter Stackpole—The LIFE Picture Collection/Getty Images
Sigma Alpha Epsilon Circus Party, 1946
Sigma Alpha Epsilon Circus party at the University of California, Los Angeles in 1946.Peter Stackpole—The LIFE Picture Collection/Getty Images
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Sigma Alpha Epsilon Circus party at the University of California, Los Angeles in 1946.Peter Stackpole—The LIFE Picture Collection/Getty Images
Sigma Alpha Epsilon Circus Party, 1946
Sigma Alpha Epsilon Circus party at the University of California, Los Angeles in 1946.Peter Stackpole—The LIFE Picture Collection/Getty Images
Sigma Alpha Epsilon Circus Party, 1946
Sigma Alpha Epsilon Circus party at the University of California, Los Angeles in 1946.Peter Stackpole—The LIFE Picture Collection/Getty Images
Sigma Alpha Epsilon Circus Party, 1946
Caption from LIFE. Make-believe rabbits, Bud Jones and Muriel Goodwin in ordinary campus life, made the most startling and effective appearance at the masquerade party. The costumes were sewn together by Miss. Goodwin from old bed sheeting of dark felt and cotton batting for less than a dollar. The entire party cost a little under $400.Peter Stackpole—The LIFE Picture Collection/Getty Images

Jones slammed the University of Oklahoma for making a “premature rush to judgement” and questioned whether the University was allowed to “censure something or discipline them for nothing more than speech.”

He did not announce a specific lawsuit, and noted that SAE was hoping to find some other resolution, but said that he and the fraternity were reviewing their options.

The University of Oklahoma released a statement saying, “The University is continuing its investigation into the recent events relating to SAE and is seeking to learn all the relevant facts and circumstances surrounding those events. The University does not comment on any pending litigation.”

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Write to Charlotte Alter at charlotte.alter@time.com