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

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.

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Resources from Chapter Eight: Stifling Expressive Associations

EXPRESSIVE ASSOCIATION

PDF of Christopher W. Smart, "Case Comments (Boy Scouts of America v. Dale: The First Amendment: Expressive Association or Invidious Discrimination?," Florida Law Review: www.FloridaLawReview.org

PDF of David E. Bernstein, "The Right of Expressive Association and Private Universities' Racial Preferences and Speech Codes": www.GMU.edu

"The Freedom (Not) to Associate, The issue: When does the First Amendment protect an organization's right to exclude certain persons as members?": www.Law.UMKC.edu

"What's Sauce For The Goose Is...Sauce For The Goose": www.Discriminations.us

Eugene Volokh, "How the Justices Voted in Free Speech Cases, 1994-2002": www1.Law.UCLA.edu

ROBERTS V. UNITED STATES JAYCEES
Background and links to opinion: www.Oyez.org

BOARD OF DIRECTORS OF ROTARY INTERNATIONAL V. ROTARY CLUB OF DUARTE
Background and links to opinion: www.Oyez.org

HURLEY V. IRISH-AMERICAN GAY, LESBIAN & BISEXUAL GROUP OF BOSTON
Background and links to opinion: www.Oyez.org
Chris Bull, "Tipping The Scales, Supreme Court decisions show ambivalence about gay rights," The Advocate, May 12, 1998: www.FindArticles.com

RACIAL AND ETHNIC PREFERENCES IN ACADEMIA
"Debating Racial Preference," includes lists of links and books: www.DebatingRacialPreference.org
Murray Soupcoff, "The Case Against Racial Preferences In University Admissions," American Daily: www.AmericanDaily
"Narrow Use Of Affirmative Action Preserved In College Admissions": Carl Cohen, "Affirmative Action and Racial Preference at the University of Michigan: www.Mackinac.org

Footnote 270.
Roberts vs. United States Jaycees, 468 U.S. 609 (1984): www.Oyez.org and www.Law.UMKC.edu

Footnote 271.
NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958): www.Oyez.org and CaseLaw.lp.FindLaw.com
NAACP v. Button, 371 U.S. 415 (1963): www.Oyez.org and CaseLaw.lp.FindLaw.com

Footnote 274.
Board of Dirs. of Rotary Int'l v. Rotary Club of Duarte, 481 U.S. 537 (1987): www.Oyez.org and CaseLaw.lp.FindLaw.com

Footnote 275.
Randall v. Orange County Council, Boy Scouts of America, 28 Cal. Rptr. 2d 53 (Ct. App. 1994): www.Infidels.org
Micah Weinherg, "Boy Scouts and Non-Believers," article about Welsh v. Boy Scouts of America: www.Princeton.edu

Footnote 277.
Background and links to opinion, Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston: www.Oyez.org

Footnote 285.
Donaldson v. Farrakhan, 436 Mass. 94 (2002): www.Socialaw.com

Footnote 291.
Linda F. Wightman, "The Threat to Diversity in Legal Education: An Empirical Analysis of the Consequences of Abandoning Race as a Factor in Law School Admission Decisions," New York University Law Review 72, (1997): www.NYU.edu

Footnote 293.
Regents of the Univ. of Cal. vs. Bakke, 438 U.S. 265 (1978): www.Oyez.org and CaseLaw.lp.FindLaw.com

Footnote 295.
Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996): www.CA5.USCourts.gov

Footnote 297.
Boy Scouts of America v. Dale, 120 S. Ct. 2446 (2000): www.Oyez.org and SupCt.Law.Cornell.edu

Footnote 298.
Summary and amicus brief of Runyon v. McCrary, 27 U.S. 160 (1976): www.ADL.org

Footnote 300.
Roberts v. United States Jaycees, 468 U.S. 609 (1984): www.Oyez.org and www.Law.UMKC.edu

Footnote 301.
PDF of David E. Bernstein, "The Right of Expressive Association and Private Universities' Racial Preferences and Speech Codes," William and Mary Bill of Rights Law Journal 9 (2001) 619: www.GMU.edu

Footnote 302.
LSAC website: www.LSAC.org