Author Author
You Can't Say That!  The Growing Threat to Civil Liberties from Antidiscrimination Laws by David E. Bernstein

Resources from Introduction
Resources from Chapter 1
Resources from Chapter 2
Resources from Chapter 3
Resources from Chapter 4
Resources from Chapter 5
Resources from Chapter 6
Resources from Chapter 7
Resources from Chapter 8
Resources from Chapter 9
Resources from Chapter 10
Resources from Chapter 11
Resources from Chapter 12
Resources from Conclusion
 About The Book

In a misguided attempt to eradicate every vestige of "discrimination" in society, activists and courts are using antidiscrimination laws to erode civil liberties such as free speech, the free exercise of religion, and freedom of association. Civil rights laws today are being applied in ways that threaten free speech on campus and in the workplace, the right of local community activists to speak out against government policies, the rights of private associations such as the Boy Scouts to determine their membership policies, and even the rights of individuals to choose their roommates.

Read reviews, opinion editorials by the author, and excerpts of the book.
Watch the author discuss the book on MSNBC's Scarborough Country or at a book forum at the Cato Institute
featuring comments by U.S. News's John Leo.

Resources from Chapter Three: The Threat to Artistic Freedom

FREDRIKA KEEFER
ABC News, "Dreaming of Dancing": ABCNews.go.com
"Dance of the Sugar Plum Anorexics": dir.Salon.com

TITLE IX
Title IX, Education Amendments of 1972: www.DOL.gov
"Title IX: 25 Years of Progress from the U.S. Department of Education": www.Ed.gov
Gender Equity in Sports research project: Bailiwick.Lib.UIowa.edu
Cases on civil rights and sex discrimination: www.Oyez.org
Department of Justice, "Title IX Legal Manual": www.USDOJ.gov

GOYA'S "NAKED MAJA"
Goya's painting: www.SpanishArts.com

CASEY MARTIN CASE
David Bernstein, "Casey Martin Ruling Is Par for the Course," Wall Street Journal: Mason.GMU.edu

TITLE VII
Title VII of the Civil Rights Act of 1964: www.EEOC.gov

MAXINE HENDERSON AND THE MURFREESBORO CONTROVERSEY
PDF of Maxine Henderson, "The Offensive Human Body," Art Portfolio: Users.RCN.com

AMERICANS WITH DISABILITIES ACT
ADA Home Page: www.USDOJ.gov
Text of the ADA: www.USDOJ.gov

HUNTER TYLO AND MELROSE PLACE
Joal Ryan, "Oh, Baby: Tylo Wins $5 Million in 'Melrose' Suit": www.EOnline.com

BONA FIDE OCCUPATIONAL QUALIFICATION DEFENSE
PDF of Diaz v. Pan American World Airways, Inc., 442 F. 2d 395 (5th Cir. 1971): www.NSULaw.NOVA.edu

MIKE FINK "COCK OF THE WALK" CASE
"Jury Concludes That Restaurant Discriminated Against Women by Hiring Only Male Servers,"Hospitality Industry Quarterly: www.BrgsLaw.com

HOOTERS CASES
"Hooters Fighting Back Against EEOC Allegations": www-cgi.CNN.com
EEOC Comments on Hooters' Press Offensive: www.EEOC.gov
About Hooters: www.Hooters.com

Footnote 95.
Edward Epstein, "Girl Fights for a Chance to Dance: Complaint Filed Over School's Body-type Rules," San Francisco Chronicle, December 7, 2000: www.SFGate.com
Janice Berman, "The Rejection Seat: Fredrika Near Keefer's Rejection from the San Francisco Ballet Company," Dance Magazine, March 1, 2001, p. 14: www.FindArticles.com

Footnote 96.
Beth Gardiner, "Stretching Title IX: N.Y. Group Seeks to Use Anti-Cias Law to Get More Women's Artwork in Museums," Associated Press: www.S-T.com
Tunku Varadarajan, "Art World in Brush with Us Women Over Bias," Times of London, January 28, 1998 (available for a fee): Times Online Archive

Footnote 97.
Beth Gardiner, "Women Artists Seeking the Benefits of Title IX; Group Argues Museums Should Put Them On Par With Female Athletes," Chicago Tribune, March 26, 1998, p. C8 (available for a fee): Chicago Tribune Archive

Footnote 98.
Wisconsin Statute §111.32: www.Legis.State.WI.vs.

Footnote 99.
Montana Human Rights Commission, "Model Equal Employment Opportunity Policy: A Guide for Employers" (can be obtained by calling state office): dli.State.MT.us

Footnote 100.
Nat Hentoff, "Sexual Harassment by Francisco Goya," Washington Post, December 27, 1991, p. A21 (available for a fee): Washington Post Archives

Footnote 105.
Dave Kopel, "Naked Justice," National Review Online, February 25, 2002: www.NationalReview.com

Footnote 106.
Francis X. Gilpin, "Unsettling Settlement," Tampa Bay Weekly Planet, July 26, 2001: www.WeeklyPlanet.com
Kevin Graham, "Art or Porn: USF Opts Not to Fight," St. Petersburg Times, July 4, 2001, p. A1: www.SPTimes.com
Joe Humphrey, "Students Outraged by Removal of TA Who Showed Sex Photo to Student," USF Oracle, November 5, 1999: www.Oracle.USF.edu

Footnote 107.
Stanley v. Georgia, 394 U.S. 557 (1969): www.Oyez.org and Caselaw.lp.FindLaw.com

Footnote 110.
David Patch, "Panel Backs Deaf Patron's Claim Against Club," Toledo Blade, March 6, 2001: Groups.Yahoo.com

Footnote 111.
42 U.S.C. §§2000e-2(e)(1): www4.Law.Cornell.edu

Footnote 114.
Joe D. Jones, "Have "Equal" Employment Laws Gone Too Far?" Mississippi Business Journal, April 3, 2000: www.MSBusiness.com

Footnote 116.
"Hooters Agrees to Hire Men in Support Roles, But It Will Still Hire Scantily Clad Women," Baltimore Sun, October 1, 1997, p. 3C (available for a fee): www.SunSpot.net

Footnote 117.
"Hooters Moms Sue Over Policy," Baton Rouge Sunday Advocate, December 17, 2000, p. I7 (available for a fee): www.2theAdvocate.com

Footnote 118.
Ralph Reiland, "Selecting Targets," The Free Market, January 1998: www.Mises.org

Footnote 119.
29 C.F.R. §1604.2(2) (1997): www.ILO.org and www.FIRN.edu

Footnote 120.
Wilson v. Southwest Airlines Co., 517 F. Supp. 292 (D.C. Tex. 1981): Lark.cc.UKans.edu

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