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.

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Resources from Chapter Nine: Regulating Religious Schools

PDF of "Religious Employer Exemptions, A State-by-State Guide":
"Employment ADA: Religious Entities:

Associated Press, "Gay student group wants recognition at Seton Hall," January 15, 2004:
Manuel Miranda, "University Should Be Marketplace For All Ideas," The Hoya, Tuesday, March 27, 2001:
"Interim Forever?" in The Georgetown Voice (available for free with registration):
Nan D. Hunter, "Gay Rights, Identity and Ideology,":
Georgetown Student Handbook "Access to Benefits":
Joseph A. Varacalli, Ph.D., "'Homophobia' at Seton Hall University: Sociology in Defense of the Faith":
Jendi Reiter, "Pregnancy Discrimination vs. Religious Freedom: Sex and the Single Teacher":

Bob Jones University website:
Kimberly Hohman, "Bob Jones Bends":
"The Multiracial Activist" on Bob Jones, links to articles:

ACLU, "The Establishment Clause And Public Schools":
"Introduction to the Establishment Clause":
"Religious Liberty in Public Life":

Text of the Act:
"Supreme Court Strikes Down RFRA":
Gaurav Gupta, "Unconstitutional RestorationŹ-Ź The Religious Freedom Restoration Act and Religious Liberty in America," Princeton University Law Journal, Volume II,Issue 1,Fall 1997 :
March 11, 1993 ACLU Strongly Supports Religious Freedom Restoration Act; Urges Congress to Act Quickly to Restore Protections":

Footnote 305.
E.E.O.C. v. Roman Catholic Diocese of Raleigh, N.C., 213 F.3d 795 (4th Cir. 2000):
Starkman v. Evans, 198 F.3d 173 (5th Cir.1999):
E.E.O.C. v. Catholic Univ. of Am., 83 F.3d 455, 461-63 (D.C. Cir.1996):

Footnote 315.
Dayton Christian Schools v. Ohio Civil Rights Comm'n, 477 U.S. 619 (1986):

Footnote 319.
Sacred Congregation for Catholic Education, "Lay Catholics in Schools: Witnesses to Faith," (October, 15, 1982):

Footnote 322.
District of Columbia Appropriations Act, 1990, Pub. L. No. 101Š168, 103 Stat. 1267, 1284 (1989) (select "101-151 to 101-200"):

Footnote 323.
Rebecca Sinderbrand, "Taking Pride in Promoting Tolerance," The Georgetown Hoya, October 20, 1998: (vs. church teaching)

Footnote 324.
Bob Jones Univ. v. United States, 461 U.S. 574 (1983): and

Footnote 327.
Brian Blomquist and Kenneth Lovett, "Jones Reaches '18th Century' on New Dating Policy: McCain," New York Post, March 5, 2000, p. 18 (available for a fee):

Footnote 328.
42 USC 2000e-1(a) (1970) (current version available):

Footnote 330.
Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints v. Amos, 483 U.S. 327 (1987):

Footnote 331.
Ohio Rev. Code Ann. 4112.01(B) (available in Title XLI: Labor and Industry):

Footnote 332.
Sherbert v. Verner, 374 U.S. 398 (1963): and

Footnote 334.
Employment Division v. Smith, 494 U.S. 872 (1990): and

Footnote 335.
Religious Freedom Restoration Act of 1993:

Footnote 336.
Flores v. City of Boerne, 521 U.S. 507 (1997): and

Footnote 338.
Connecticut General Statutes §52-571b:
Florida Statutes §761:
Rhode Island General Laws §§ 42-80.1.3:

Footnote 340.
PDF of David E. Bernstein, "Antidiscrimination Laws and the First Amendment," Missouri Law Review 66 (2001):
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):

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