Freedom of association, sex discrimination law, and the Natio n of Islam

[David Bernstein]

Once the state gets the power to intervene with regard to whether private
associations may choose their affiliates, in the long-run "the hated" are
unlikely to be the beneficiaries of state action, and will more likely find
themselves subject to both private and government hostility, as in the Jim
Crow South.  Why would we think that "the hated" will have particular success
in the political market?

In a message dated 2/14/2002 12:54:45 PM Eastern Standard Time,
lweinberg at MAIL.LAW.UTEXAS.EDU writes:


> .   I suppose I am suggesting that the question, how soon and by what
> measure a legitimate state interest in "the king's" peace kicks in and
> empowers the state to protect the hated, should be at least as important to
> us as the question, how much respect must a state furnish to hateful
> advocacy.
> Louise Weinberg
>



David E. Bernstein
Associate Professor
George Mason University
School of Law
Home page: http://mason.gmu.edu/~dbernste
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