University of North Dakota students who posted racist photos on Snapchat will not be punished on the grounds of free speech

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Officials at the University of North Dakota say they have investigated two racially charged Snapchat photos that appeared on the social media platform last month, and that the students involved will not be punished, on the grounds that doing so would inhibit 'free speech'. 

'After a full review of the information, the University has concluded that neither incident constitutes a violation of the UND Code of Student Life,' the school wrote in a statement.

The Star Tribune reported that the outcome was 'driven by the Constitutional protection of free speech,' but officials did not elaborate further on their findings.

University of North Dakota officials deemed racist snapchat photos 'free speech' after an investigation

UND President Mark Kennedy had previously said that he was 'appalled' by the postings and noted that he was 'aware students and other members of the community were hurt by the incidents.'

Yet, as far as the university is concerned, the investigation found that disciplining those involved would be directly opposed to the right of free speech.

'As part of the conversation with student leaders, we talked about the concept of zero tolerance. While I appreciate the desire for such a policy, it is unachievable under the First Amendment to the U.S. Constitution,' Kennedy wrote.

In once instance, a picture emerged showing four white female students in black face masks with the caption 'Black lives matter.' 

In another instance, three white students were seen flashing a peace sign reading 'Locked the black b***h out.' that was also shared on Snapchat. 

The incident came days after three other white UND students stole the phone of an African American student and locked her out of her own dorm room with an offensive caption

The outcome at the University of North Dakota is different to other similar cases around the country.

A student from Belmont University in Nashville was dismissed immediately after posting a Snapchat image threatening NFL players who protested during the national anthem.

 In Kansas State, university officials quickly removed a female student who also posted a picture to snapchat wearing black clay masks with a racially offensive caption. 

At the time, Etonde Maloke, a student at the university, shared what happened on her Facebook page. 

Maloke said that her friend left her phone in a room and three students, pictured in the photo laughing and throwing up peace signs, took her friend's phone and posted the picture, with the offensive caption, to her Snapchat without permission.

'I'm so livid!! We all know Racism is alive and well (whether you like to admit it not). When said acts of racism happen at your school, it is infuriating and heart breaking,' Maloke wrote.

'My friend was not aware that they had done this and didn't even realize they had put this on her snapchat story until another friend of ours pointed it out. The University of North Dakota needs to take action against these students for this blatant act of racism.'

University of North Dakota officials announced late Wednesday that they concluded an investigation into two racially charged Snapchat photos and that they have decided not to punish the students involved, pictured, UND library

A former student at the college, Amina Chinnell-Mateen, wrote of her frustration at seeing the black face picture on Facebook.

'The problem is growing worse here at The University of North Dakota. They know this is not okay! The very act of taking something so many people use and putting black lives matter to mock us is racism'

Another student at the school appeared to defend the girls ill-judged picture by stating they were using facial masks.

'Aren't they just wearing facial masks? Especially since their hair is pulled back, etc. I totally get that this is a problem, that racism is real, and needs to stop. But aren't they just doing facial masks vs actually painting their faces for black face?' Jacob Hansen posted.

Last month, the University of North Dakota's president Mark Kennedy released a statement addressing both episodes. 

'I am appalled that within 48 hours two photos with racially-charged messages have been posted on social media and associated with the UND campus community,' he wrote. 

'It is abundantly clear that we have much work to do at the University of North Dakota in educating our students, and the entire University community on issues related to diversity, inclusion, and respect for others.' 

'I have been disappointed to learn that we have people in our university community who don't know that the kind of behavior and messaging demonstrated in these two photos is not ok, and that, in fact, it is inexcusable,' he said.  

University of North Dakota enrolls 14,951 students, 2.5% of which are black. The bulk of the student body — more than 78% — are white.