A Hostile Play Environment

Thu Mar 16 11:33:14 PST 2000

I am curious how Larry Sager decides which principle should be
subordinated to the other. Why is it not equally logical to say that
"surely there is some point" at which the right of free speech
outweighs the interest in public accommodations laws?

> Date:          Thu, 16 Mar 2000 12:22:50 -0500
> Reply-to:      Discussion list for con law professors
>                <CONLAWPROF at listserv.ucla.edu>
> From:          Larry Sager <lgs at WORLD.STD.COM>
> Subject:       A Hostile Play Environment
> To:            CONLAWPROF at listserv.ucla.edu

> <html>
> <font size=3>Setting aside factual issues about the Massachusetts
> bar display, let's assume that a bar or restaurant prominently
> displays an unequivocally nasty message about African-Americans or,
> for that matter about Martin Luther King.&nbsp; State and federal
> law oblige this establishment (I've self-censored various
> adjectives) to welcome the business of all persons, without regard
> to race.&nbsp; Surely there is some point at which the formal
> willingness of the establishment to accommodate all is betrayed by
> the nasty message, and the purpose of the law subverted.&nbsp; The
> fact that the message might in other contexts qualify for robust
> first amendment protection ought not permit this subversion of the
> obligation of a public accommodation to accommodate.&nbsp; <br> <br>
> --Larry Sager</font> <BR> </html>
-- Michael McConnell (U of Utah)