Statements suggesting internment of Arabs legally actionable?

[James Maule]

It's being said in lots of places. I assume there is a distinction between advocating for the closing of borders and advocating the "rounding up" of people based on ethnic, racial, etc origin? Is it unconstitutional to seal borders? Borders were sealed on Sept 11 for a few hours (though perhaps not effectively, as a trapper could have wandered from Canada into the US along some remote creek).



Jim Maule
Professor of Law, Villanova University School of Law
Villanova PA 19085
maule at law.villanova.edu
http://vls.law.vill.edu/prof/maule
President, TaxJEM Inc (computer assisted tax law instruction) (www.taxjem.com)
Publisher, JEMBook Publishing Co. (www.jembook.com)
Maule Family Archivist & Genealogist (www.maulefamily.com)




>>> volokh at mail.law.ucla.edu 09/26/01 10:29AM >>>
    Apropos the earlier posts about the Berkeley student newspaper, and the
"woe to our enemies" banner:


L.M. Sixel, "Reminders needed about ethnic slurs," Houston Chronicle, Sept.
21, 2001:


"It's a good idea to remind employees that harassment can take many forms,
said lawyer Laurence Stuart, who represents employers at Baker & McKenzie.
It's not just sexual harassment but race, religion and national origin.


"Stuart said he has been recommending to his clients that they educate their
employees on what constitutes inappropriate workplace comments.  Already,
Stuart said he has been overhearing conversation in restaurants and other
public places that the United States should close its borders and that some
racial and ethnic groups should be rounded up like the Japanese in World War
II.


"If they're saying that in bars and restaurants, Stuart said he imagines
it's also being said in the workplace."