Is First Amendment viewpoint-discriminatory against antigay speech

Volokh, Eugene VOLOKH at law.ucla.edu
Thu Nov 1 16:42:41 PDT 2007


	I'm puzzled -- do Romer and Lawrence really justify not just
protection of gays against governmental discrimination, but a different
First Amendment rule for antigay speech than for pro-gay-rights speech
or a wide range of other speech?

	Eugene

Michael Newsom writes:

> That said, I have no idea of what the Court would do with 
> this case, but my guess is that the Court would overturn the 
> jury verdict 5-4, although Kennedy, on the strength of Romer 
> and Lawrence, might vote with the moderates and the case 
> would come out the other way, 5-4 to uphold the jury verdict 
> (although the punitive damages might be reduced, the Court 
> likely to send a signal, I think, in the Valdez case that it 
> is prepared to rein in punitive damages).


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