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In a misguided attempt to eradicate every vestige of discrimination in our 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.

Tabla de contenidos provista por Syndetics

• Acknowledgments(p. ix)
• Introduction(p. 1)
• 1. Why Civil Liberties Should Be Protected from Antidiscrimination Laws(p. 11)
• 2. The Threat to Freedom of Expression in the Workplace(p. 23)
• 3. The Threat to Artistic Freedom(p. 35)
• 4. Political Speech as Illegal Discrimination(p. 47)
• 5. Censoring Campus Speech(p. 59)
• 6. Compelled Speech(p. 73)
• 7. Public Accommodations Laws and the Threat to the Autonomy of Private Organizations(p. 85)
• 8. Stifling Expressive Associations(p. 97)
• 9. Regulating Religious Schools(p. 111)
• 10. Religious Landlords: Antidiscrimination Law as a Weapon in the Culture Wars(p. 121)
• 11. The Right to Privacy and the Right to Be Left Alone(p. 131)
• 12. The ACLU and the Abandonment of Civil Liberties(p. 145)
• Conclusion(p. 155)
• Notes(p. 167)
• Index(p. 189)

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CHOICE Review

How does US political culture in the 21st century accommodate the conflicts between freedom of speech, association and religion, and the various state and federal antidiscrimination laws? Bernstein (law, George Mason Univ.) superbly navigates the rough waters of the statutory and case law that attempt to curb discriminatory practices by both public and private organizations. Although agreeing that the ever-broadening antidiscriminatory edifice used to achieve a more just society is a praiseworthy goal, he argues that in the zealous attempt to ban all discrimination based on every conceivable minority status, it has become a serious threat to civil liberties. Bernstein carefully leads readers through specific problem areas such as the threat to free expression in the workplace and to artistic freedom, the censoring of campus speech, interference with freedom of association, and diluting the autonomy of religious organizations. He concludes that legislators should reduce the scope of antidiscrimination laws and modify sexual harassment to prohibit constitutionally protected speech from being used to support a hostile environment claim. One cannot gainsay his contention that a society that undercuts civil liberties in order to attain equality will end up with the loss of both. A solid effort that deserves a wide readership. ^BSumming Up: Highly recommended. Graduate collections and above. R. J. Steamer emeritus, University of Massachusetts at Boston

Notas de autor provistas por Syndetics

David E. Bernstein is a professor at George Mason University School of Law.