U.S. Commission on Civil Rights argues that use of American I ndian sports symbols is illegal

[Ken Katkin]

I don't know whether Justic Powell's opinion in Bakke is still good law
or not.  But if it is, it does cite the University of California's First
Amendment right to academic freedom (i.e. its right to determine that
racial diversity in the student population would enhance the quality of
its educational product) as a factor to be balanced against the 14th
Amendment presumption against State racial classifications and quotas.

--Prof. Ken Katkin
Salmon P. Chase College of Law
561 Nunn Hall
Northern Kentucky University
Highland Heights, KY 41099
(859) 572-5861 phone
(859) 572-5342 fax
katkink at nku.edu




Michael McConnell wrote:

>  To what extent does a public university -- an arm of the state --
> have free speech rights? Michael W. McConnell
> University of Utah College of Law
> 332 S. 1400 East Room 102
> Salt Lake City, UT 84112
>
>      -----Original Message-----
>      From: Volokh, Eugene [mailto:VOLOKH at mail.law.ucla.edu]
>      Sent: Tuesday, March 27, 2001 2:54 PM
>      To: CONLAWPROF at listserv.ucla.edu
>      Subject: U.S. Commission on Civil Rights argues that use of
>      American India n sports symbols is illegal
>
>              A Draft Statement of the U.S. Commission on Civil
>      Rights -- which I'm told is likely to be adopted as the
>      final statement next month -- states that "The use of Native
>      American images and team names may violate Title VI . . .
>      In addition culturally insensitive displays may also violate
>      Title II of the Civil Rights Act, which provides that all
>      people are entitled to 'full and equal enjoyment' in places
>      of public accommodation."  (I have a copy of the statement
>      right in front of me, faxed to the library by the
>      Commission; unfortunately, I couldn't find it online.)
>
>              This "hostile educational environment" / "hostile
>      public accommodations environment" argument had been made
>      before by litigants, and has been suggested by the DoJ, but
>      this is the highest level government entity that has
>      squarely urged it.  Any thoughts on whether such a Title
>      II/Title VI/state antidiscrimination law lawsuit against a
>      university or a professional team could constitutionally
>      prevail?  Seems like it would be a clear First Amendment
>      violation to me -- but I take the U.S. Commission on Civil
>      Rights disagrees.
>
>              Eugene
>
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