help teaching RAV v City of St Paul

[Malla Pollack]

RAV has always bothered me because it seems to conflict with the concept
that government is allowed to fix a large problem one piece at a time.
Merely saying that speech is different does not convince me because the
Court seems to accept that the speech in question has no First Amendment
protection.  RAV could be an anti-affirmative action case, but the opinion
does not read that way (at least to me). Can anyone point me to an article
with a good discussion of this issue? (I am shamelessly asking for help so
that I do not have to go through the hay stack to find the needle.)  Off
list would be fine.

Thanks, 

 

Malla Pollack

Professor, American Justice School of Law

Visiting Univ. of Idaho, College of Law

mpollack at uidaho.edu

208-885-2017

 

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