discriminated' nor were they 'encouraging their peers to also engage'. That's not how the law works. Perhaps a fraternity whose members 'boasted how they maliciously discriminated on the basis of race' could be charged under some anti-discrimination statute but, once again that's not what's under discussion here. What is under discussion, plain and simple is that two university students were punished by a state-sponsored institution of higher learning for something they said. Nothing more. Since it is a state-sponsored institution it is legally the government for the purposes of First Amendment analysis. And the government punished them for things they said - not did. And that violates the First Amendment.