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You Can't Say That!: The Growing Threat to Civil Liberties from Antidiscrimination Laws Hardcover – September 16, 2003
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"You Can't Say That!" does an excellent and methodical job of cataloguing the insanity of anti-discrimination run amok." -- The Washington Times
"[Bernstein] demonstrates that...'activists' for one cause or another have shown a willingness to trample on the rights of others." -- National Review
About the Author
Top Customer Reviews
The primary focus of this book by Professor (at George Mason University School of Law) Bernstein is the tendency of the judiciary to abandon our Constitutional protection against government's ability to regulate speech when such speech (and very worrisomely even acts such as laughter or simply staring) conflicts with antidiscrimination laws and the regulations of the agencies charged with their enforcement.Read more ›
Bernstein, a respected law professor at George Mason University School of Law and member of the popular Volokh Conspiracy blog, draws together cases ranging from claims of "hostile environment" in the workplace to those involving campus speech codes, providing a powerful expose of the threats to free speech that are posed by many antidiscrimination laws today.
An amorphous and often overly expansive notion of "discrimination" is often the basis of far-fetched antidiscrimination claims. As Bernstein writes, "The concept of antidiscrimination is almost infinitely malleable. Almost any economic behavior, and much other behavior, can be defined as discrimination." Indeed, during the Clinton Administration the Department of Housing and Urban Development-cited by Bernstein as one of the leading violators of free speech rights-went so far as to try to regulate real estate advertising to prevent what it saw as "discriminatory advertising.Read more ›
The book starts by offering an argument as to why civil liberties should be protected from antidiscrimination laws, and then delves into particular issues, chapter by chapter: the threat to freedom of expression in the workplace, the threat to artistic freedom, the threat to political speech, speech on campuses, and even instances of compelled speech, the threat to the autonomy of private organizations, expressive associations, religion, and privacy. The book concluded with a scathing analysis of the ACLU's about-face, and ends with specific recommendations to legislators, judges and the public.
This is a persuasive book, easily read, and a must read for all: those who treasure civil liberties will learn how their liberties are increasingly being threatened and what to expect should the current trend continue, and those who do not treasure civil liberties might be persuaded by understanding that the current politically correct trend can easily boomerang, as indicated by several examples in this book.
Most Recent Customer Reviews
A good primer on the growing PC threat to a free mouth.Published 6 months ago by Howard C. Mayberry, Jr.
A bevy of specious arguments. He complains that sexual harassment law impedes the free speech of employees but libertarians don't think private employees should have free speech... Read morePublished 20 months ago by Evan Gahr
"You Can't Say That!" makes a compelling case that freedom of speech in America is being taken away, step-by-step. Read morePublished on March 3, 2013 by john thames
I hadn't thought of how antidiscrimination laws infringed on the 1st amendment, freedom of association until reading this book.Published on August 25, 2010 by D. Sturgis
Antidiscrimination laws were once seen primarily as a means to help blacks, women, and others enter the economic mainstream. Those days have long since past. Read morePublished on April 12, 2004
David Bernstein has done something that most lawyers have a difficult time doing - he wrote a short, accessible book for a general audience. Read morePublished on April 12, 2004 by Joshua C. Hall
"Whatever happened to civil liberties?" one might ask after reading this book. Since liberty is probably a more valuable value than enforced fake equality, it is a good question to... Read morePublished on March 28, 2004 by Amazon Customer
Civil libertarians have traditionally been extremely concerned about the encroachment of government on freedom of speech, freedom of religion, personal privacy, and other personal... Read morePublished on February 14, 2004 by Daniel
Heard the author on a radio show, sounded like an interesting topic, so I decided to buy the book. I don't follow free speech issues that much, so I was surprised to find out how... Read morePublished on January 16, 2004