One more item about the Boalt proposed policy

Volokh, Eugene VOLOKH at
Mon May 3 22:31:31 PDT 2004

I should mention that one of the ambiguities in the e-mail that I forwarded has to do with whether "racist, sexist or homophobic expressions" refers to expressions of racist, sexist or homophobic opinions generally, to words or short phrases that are inherently racist, sexist, or homophobic (e.g., "nigger," "Uncle Tom" used to suggest that there are certain attitudes that while permissible in whites are contemptible in blacks, possibly "bitch" or "son-of-a-bitch," etc.), or to something else.  Naturally the First Amendment analysis would, as I suggested, be quite different depending on the precise terms of the policy; if anyone on the list knows more than I do about what the e-mail contemplates, I'd love to hear it.  Thanks,

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