Legislative Retaliation against University Speech

[Tobias Wolff]

Well, yes and no.  It's pretty clear that black citizens suffered a
disparate impact from the closing of the pools in Palmer (since most
or all private pools were closed to them).  Part of the holding of
Palmer appears to be that a State's withholding of non-compulsory
services does not constitute an "impact" for equal protection
purposes, even when the result is to remand a group to a
disadvantageous status quo ante.

But, this thread has continued for a long time, and I doubt this is a
productive line of inquiry in present times.

-- T