Judge Orders Auburn U. to Reinstate 10 Students Suspended After Blackface Incident

An Alabama judge ordered Auburn University last week to reinstate 10 students who had been suspended by the institution after photographs of them wearing blackface at a fraternity Halloween party were posted on the Internet.

Former members of the now-disbanded Auburn chapter of Beta Theta Pi fraternity have sued the university in state court, seeking $100-million in damages — $1-million for each of the chapter’s 100 former members. The lawsuit contends that the university defamed the students by portraying them as racists and that it violated their First Amendment rights when it punished them for wearing blackface, which the students say is protected speech.

“We have the president of the university saying these are horrible people,” said Romaine Scott, a lawyer for the students. “Their reputations have been damaged. They are going to have trouble getting jobs.”

Mr. Scott, whose son belonged to the fraternity but was not among those suspended, argued that “the conduct — even if it were racist — is protected by law.” He added, “We intend to prove that they are not racists. I would not be involved in this if I thought they were.”

Mr. Scott has said in the past that he believes the donning of blackface by the students was intended as a tribute to African-Americans.

Photographs from the Beta Theta Pi party show many members appearing in blackface, Afro wigs, gold jewelry, and T-shirts emblazoned with the Greek letters of Omega Psi Phi, a historically black fraternity. They are also pictured mimicking gang hand-signs.

The students had been suspended pending the outcome of a university disciplinary hearing. The judge ruled that they should be allowed to attend classes until the university decides what disciplinary action it will take, which could include expulsion.

The defendants named in the lawsuit include William F. Walker, Auburn’s interim president; Wesley Williams, the director of student affairs; the university’s Board of Trustees; and the national Beta Theta Pi organization, which closed the chapter.

Telephone calls to Mr. Walker and Lee Armstrong, a lawyer for Auburn, were not returned late Thursday.