I have a real problem with anything trumping the First Amendment. Universities are the traditional site of our best and most open "marketplace of ideas". Racist crap should be permitted so that everyone can see how little value it has.

As far as Prof. Shurtz goes, let's just say that while her costume shouldn't cause her to be disciplined, her lame expressions of ignorance perhaps should. How can a person, supposedly educated in our culture, which is what law is, be ignorant of what black-face is and means and claim with a straight face to not know the term? I have to wonder about her qualifications for her position.