You Can't Say That! : The Growing Threat to Civil Liberties From Antidiscrimination Laws

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. Intolerant activists are determined to impose their moralistic views on all Americans, regardless of the consequences for civil liberties. These well-organized zealots are a dominant force in one of America's major political parties. They have already achieved many legislative victories, especially at the local level, where they often wield disproportionate power. Courts frequently acquiesce to their agenda, even when it clashes directly with constitutional provisions that protect civil liberties. Until the power of these militants is checked, the First Amendment's protection of freedom of speech and freedom of religion will be under constant siege. To many civil libertarians, the above paragraph reads like a thumbnail description of the Christian right. But in this revealing book, David Bernstein points out that it also describes left-wing egalitarian activists, many of whom are associated with the "civil rights" establishment. Their goal of elevating antidiscrimination concerns above all others poses an especially acute threat to civil liberties. The First Amendment explicitly prohibits the government from interfering with freedom of expression, which includes free exercise of religion, freedom of speech, freedom of the press, and the right to petition the government for redress of grievances. Antidiscrimination laws put all of those freedoms at risk.In their misguided attempts to eradicate every vestige of "discrimination" in American society, activists and courts are using antidiscrimination laws to erode our fundamental civil liberties. Civil rights laws 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 room-mates. One group above all others, the American Civil Liberties Union, is supposed to protect our civil liberties, but Bernstein argues that current "discrimination" issues are undermining the ACLU's commitment to traditional civil liberties and that the ACLU could even split as the insidious conflicts become better understood. Bernstein warns that preserving our basic freedoms requires us all to be tolerant, even of those whose words and actions may offend us. A society that undercuts civil liberties in pursuit of a right to be free from all slights, protected by draconian antidiscrimination laws, will end up with neither equality nor civil liberties to show for its efforts. "Intolerant activists are determined to impose their moralistic views on all Americans, regardless of the consequences for civil liberties. These well-organized zealots are a dominant force in one of American's major political practices. They have already achieved many legislative victories, especially at the local level, where they often wield disproportionate power. Courts frequently acquiesce to their agenda, even when it clashes directly with constitutional provisions that protect civil liberties. Until the power of these militants is checked, the First Amendment's protection of freedom of speech and freedom of religion will be under constant siege." "To many civil libertarians, the above paragraph reads like a thumbnail description of the Christian right. But in this revealing book, David Bernstein points out that it also describes left-wing egalitarian activists, many of whom are associated with the civil rights establishment. Their goal of elevating antidiscrimination concerns above all others poses an especially acute threat to civil liberties. The First Amendment, explicitly prohibits the government from interfering with freedom of expression, which includes free exercise of religion freedom of speech, freedom of the press, and the right to petition the government for redress of grievances. Antidiscrimination laws put all of those freedoms at risk."--BOOK JACKET. Argues That Antidiscrimination Legislation Threatens To Undermine American Civil Liberties By Limiting Freedom Of Expression, Including The Free Exercise Of Religion, Freedom Of Speech, Freedom Of The Press, And The Right To Petition The Government For Redress Of Grievances. Why Civil Liberties Should Be Protected From Antidiscrimination Laws -- The Threat To Freedom Of Expression In The Workplace -- The Threat To Artistic Freedom -- Political Speech As Illegal Discrimination -- Censoring Campus Speech -- Compelled Speech -- Public Accommodations Laws And The Threat To The Autonomy Of Private Organizations -- Stifling Expressive Associations -- Regulating Religious Schools -- Religious Landlords: Antidiscrimination Law As A Weapon In The Culture Wars -- The Right To Privacy And The Right To Be Left Alone -- The Aclu And The Abandonment Of Civil Liberties. David E. Bernstein. Includes Bibliographical References (p. 167-188) And Index. Preliminaries......Page 1 Contents......Page 8 ACKNOWLEDGMENTS......Page 10 INTRODUCTION......Page 12 1 WHY CIVIL LIBERTIES SHOULD BE PROTECTED FROM ANTIDISCRIMINATION LAWS......Page 22 2 THE THREAT TO FREEDOM OF EXPRESSION IN THE WORKPLACE......Page 34 3 THE THREAT TO ARTISTIC FREEDOM......Page 46 4 POLITICAL SPEECH AS ILLEGAL DISCRIMINATION......Page 58 5 CENSORING CAMPUS SPEECH......Page 70 6 COMPELLED SPEECH......Page 84 7 PUBLIC ACCOMMODATIONS LAWS AND THE THREAT TO THE AUTONOMY OF PRIVATE ORGANIZATIONS......Page 96 8 STIFLING EXPRESSIVE ASSOCIATIONS......Page 108 9 REGULATING RELIGIOUS SCHOOLS......Page 122 10 RELIGIOUS LANDLORDS: ANTIDISCRIMINATION LAW AS A WEAPON IN THE CULTURE WARS......Page 132 11 THE RIGHT TO PRIVACY AND THE RIGHT TO BE LEFT ALONE......Page 142 12 THE ACLU AND THE ABANDONMENT OF CIVIL LIBERTIES......Page 156 CONCLUSION......Page 166 NOTES......Page 178 INDEX......Page 200