Commentary on Alabama Law and Society

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Location: Birmingham, Alabama

Wednesday, April 12, 2006

An Update

To this post from yesterday.

First, through the comments to this and this, I have learned that, contrary to the LA Times report upon which I relied, Georgia Tech may not have a hate speech code. If, as these commentators assert, the plaintiff was actually disciplined for harassment, or for disturbing a class, my previous analysis is off-target. In that case, what she was doing was more than just speaking; she was causing some real, concrete harm. Policy-wise, the school would be perfectly correct in disciplining her. The legal question then becomes whether she gets a religious exception to the generally applicable rules. That is a very thorny question, but the answer is probably no.

Second, I summed up the post by saying that certain crusaders think any attempt to present both sides of an issue is evidence of a liberal bias. In that regard, read this story. Then get the rest of the facts here.