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You Can't Say That!: The Growing Threat to Civil Liberties from Antidiscrimination Laws

AUTHOR: David E. Bernstein
ISBN: 1930865538

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You Can't Say That!: The Growing Threat to Civil Liberties from Antidiscrimination Laws
- Book Review,
by David E. Bernstein

National Review
"[Bernstein] demonstrates that...'activists' for one cause or another have shown a willingness to trample on the rights of others."

The Washington Times
"You Can't Say That!" does an excellent and methodical job of cataloguing the insanity of anti-discrimination run amok."

The New York Post
"If you're looking to start an argument, take this book to an ACLU meeting."

Book Description
In a misguided attempt to eradicate every vestige of discrimination in our society, activists and courts are using antidiscrimination laws to erode civil liberties such as free speech, the free exercise of religion, and freedom of association.

About the Author
David E. Bernstein is an associate professor at the George Mason University School of Law. He is a graduate of Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy. After clerking for Judge David Nelson of the Sixth Circuit Court of Appeals and working as a litigator at Crowell & Moring, he served as a Mellon Foundation Research Fellow at Columbia University School of Law. Professor Bernstein is the author of more than 60 scholarly articles, book chapters, and think tank studies. He is author of Only One Place of Redress: African-Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal (Duke University Press, 2001), coeditor of Phantom Risk: Scientific Inference and the Law (MIT Press, 1993), and coauthor of The New Wigmore: Volume on Expert and Demonstrative Evidence (forthcoming). He has been named one of the most cited professors among those who have entered law teaching since 1992.


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         Book Review

You Can't Say That!: The Growing Threat to Civil Liberties from Antidiscrimination Laws
- Book Reviews,
by David E. Bernstein

You Can't Say That!: The Growing Threat to Civil Liberties from Antidiscrimination Laws

FROM THE PUBLISHER

Intolerant activists are determined to impose their moralistic views on all Americans, regardless of the consequences for civil liberties. These well-organized zealots are a dominant force in one of American's major political practices. They have already achieved many legislative victories, especially at the local level, where they often wield disproportionate power. Courts frequently acquiesce to their agenda, even when it clashes directly with constitutional provisions that protect civil liberties. Until the power of these militants is checked, the First Amendment's protection of freedom of speech and freedom of religion will be under constant siege.

To many civil libertarians, the above paragraph reads like a thumbnail description of the Christian right. But in this revealing book, David Bernstein points out that it also describes left-wing egalitarian activists, many of whom are associated with the civil rights establishment. Their goal of elevating antidiscrimination concerns above all others poses an especially acute threat to civil liberties. The First Amendment, explicitly prohibits the government from interfering with freedom of expression, which includes free exercise of religion freedom of speech, freedom of the press, and the right to petition the government for redress of grievances. Antidiscrimination laws put all of those freedoms at risk.


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