The University of Tennessee is sticking to its decision to suspend Kappa Sigma fraternity after five members donned blackface and dressed up as the Jackson Five last week for an air guitar contest. UT Provost Loren Crabtree claims that those who have criticized the university's decision for violating the First Amendment don't know the whole story (Critical Mass was among those critics).

Here is a summary of the Provost's reasoning, as provided by the Knoxville News:

Although there is no evidence to suggest the UT fraternity members were motivated by racism, Crabtree said their true motivations were "irrelevant" because of the persecution that black Americans have experienced in the past.

"What we are dealing with is historical consciousness and awareness," Crabtree said. "It's similar to the Jewish people, who have to put up with the Holocaust memories You hear all about these false historians who argue that the Holocaust never actually occurred. It's a tremendous offense to them to have Nazi Swastikas displayed."

Crabtree said whites appearing in "blackface" costume is highly offensive to many blacks because it "recalls old time minstrel shows that depicted African Americans as ignorant simpletons - mere human scenery."

Before the fraternity was suspended, UT hosted several meetings between the fraternity and black student leaders, Crabtree said. Talks broke down last week after several black students concluded that the fraternity's apologies weren't heartfelt and walked out of a meeting.

Crabtree stressed that UT didn't take any direct actions against the fraternity because the First Amendment's guarantee of free speech would have protected fraternity members. Because the national organization is a private entity, however, Kappa Sigma was free to impose a suspension on its Knoxville chapter.

So: the fraternity members were not only insensitive when they put on blackface, but they were rude about it afterwards. They were not properly apologetic; they were not abject in their regret. And that's why UT is going after them. Except, we need to keep in mind that UT is not actually going after them. UT, Provost Crabtree reminds us, respects free speech. It's the national organization of Kappa Sigma, not UT, that is going after the frat--or so it is now reported (this is not what papers reported last week). Disavowing the action as wrong while benefiting from the same action taken by another entity, Provost Crabtree sounds rather like another famously slippery scion of Tennessee here: he might well have said, "I have not suspended Kappa Sigma, but there are those who have."

In any case, we would all do well to remember that there is no punishment involved here at all, nor is there any pandering to a vindictive victimology. There is only education, responsibility, and the pursuit of justice: "One of the chief accusations is that we're playing on political correctness," Crabtree said. "I think we're after equitable human relations. Universities have a responsibility in that regard. We don't just mirror society, we try to improve it through education." That's why the folks at UT can make five unrepentant frat boys responsible for the entire history of racism in the U.S. It's only right. It's the least a responsible institution of higher learning can do.

UPDATE: UT is considering instituting a hate speech code to make it easier to handle future incidents like the blackface one. Eugene Volokh has the details, and the appropriate level of contempt.

UPDATE UPDATE: UT's Glenn Reynolds also has a few choice words for the UT administration.