AALS Annual Meeting, Washington, D.C.    January 2-5, 2003
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Friday, January 3, 2003

9:00 a.m.-12:00 noon
Joint Program of Sections on Constitutional Law and Employment Discrimination

  • Eugene Volokh, University of California at Los Angeles, and Chair and Program Co-Chair, Section on Constitutional Law
  • Cynthia E. Nance, University of Arkansas, Fayetteville, and Chair, Section on Employment Discrimination Law
  • Monique C. Lillard, University of Idaho, and Program Co-Chair, Section on Employment Discrimination Law
Wilson A, B & C
Marriott Wardman Park Hotel
Mezzanine Level

Antidiscrimination Laws and the First Amendment

Moderator:
Cynthia L. Estlund, Columbia University

Speakers:

  • Jack M. Balkin, Yale Law School
  • Dale A. Carpenter, University of Minnesota
  • Marcy S. Strauss, Loyola Law School, Los Angeles
  • Eugene Volokh, University of California at Los Angeles
When, if ever, should the First Amendment prevent the application of anti-discrimination law? For instance, when, if ever, should the freedom of speech trump hostile work environment law, hostile educational environment law, or hostile public accommodations law? When, if ever, should the freedom of expressive association trump bans on discrimination in places of public accommodation (the issue raised by Dale v. Boy Scouts)?

This panel will confront these questions from a variety of perspectives. At least half the time will be spent on employment law questions, chiefly related to hostile work environment law; but the panel will also explore how these issues play out as to bans on discrimination and harassment in education and in places of public accommodation, two areas that have been heavily influenced by employment law.

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