Sexual Harassment 2 - Does Sexual Harassment Law Violate...

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Unformatted text preview: Does Sexual Harassment Law Violate Free Speech Rights? 1 st Amendment: Congress shall make no law abridging freedom of speech, or of the press. 1964 CRA bans differential treatment by sex, race, etc. including providing different conditions of employment Meritor v. Vinson and EEOC: a hostile environment = verbal or physical conduct that is sufficiently severe or pervasive to alter the conditions of [the victims] employment and create an abusive working environment and is based on sex = illegal sex discrimination in the provision of conditions of employment Q: does regulation of verbal conduct amounting to a hostile environment = abridging free speech? Constitutional Rights: The General Analytical Framework Most constitutional rights constrain state action only, not action of private parties (13 th Am. exception) State action infringing fundamental constitutional right permissible only if a) for a compelling state interest b) narrowly tailored to serve that interest takes least restrictive means necessary to effectively serve that interest; not overbroad Application to sexual harassment law: a) Interest = securing workers against sex discrimination, advancing equal opportunity plainly a compelling state interest First Amendment Narrow Tailoring Standards i) Content neutrality: state may not forbid discussion of particular topics ii) Viewpoint neutrality: state may not forbid particular viewpoints on those topics iii) Not vague: does not leave people guessing what is forbidden ( self- censorship) iv) Not overbroad: does not restrict speech protected by 1 st Am....
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This note was uploaded on 01/15/2012 for the course PHIL 359 taught by Professor Anderson during the Fall '09 term at University of Michigan.

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Sexual Harassment 2 - Does Sexual Harassment Law Violate...

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