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However, I think the case does raise a new question, because I think the highway s the government erects to honor Adopt-A-Highway participants are "government" speech.
And similarly, does the seem like a racist message? In summary, the 8th Circuit decision piggybacks on cases like Dale and extends them. The reason the Cchat might not have done so is that it is too similar to the Boy Scouts case. That's why I dedicate most of my time to this.
But the Klan's First Amendment right got in the way. Presumably, under this precedent, an African-American could not the Klan even if the state in which he or she was living had an anti-discrimination statute as Dale's did. It also raises a few questions Dale did not raise: a government speech question the highway and a question whether Missouri itself is discriminating by including the Klan in the program.
Supreme Court declined to hear the state's appeal this week. I find it hard to believe, however, that the Klan wouldn't know the commemorating their work would be intimidating, particularly to African-American students.
Julie Hilden: Yes, I think the court should have heard it. Why is this constitutional? CNN Host: Thank you for ing us today. Supreme Court held that that was OK, because the Scouts claimed that their "message" disparaged homosexual conduct, and that having the scout leader, Dale, as a scout interfered with the message. Julie Hilden: It is possible that other states could avoid a similar ruling by basing their exclusion of the Klan on its history of violence, not on its beliefs.
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So the interesting question is, If the Klan wore hoods, would it look like a racist message sent by the government? Julie Hilden: Potentially, it could be a precedent of wide applicability.
There is precedent saying a restaurant in a public building cannot discriminate, but the 8th Circuit said the Adopt-A-Highway program was not accommodating the Klan in the same way a public building accommodates a restaurant. For example, Missouri could probably have constitutionally excluded felons who had committed violent crimes from Adopt-A-Highway.
Missouri admitted it had excluded the Klan based on its beliefs, Bermuda mn naked women to the court. Julie Hilden: The Eoom.
The court has held that they can, in the Boy Scouts and St. That is more or less the case here -- Congress prohibited discrimination, enforcing the 14th Amendment, and Missouri tried to comply by excluding the Klan, which discriminates.
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Dale ? The following is an edited transcript of the chat.
Hilden typed for herself. Julie Hilden: It depends on what you mean by "offensive or inflammatory. But in fact, I think hcat is an interesting intersection of anti-discrimination law, government speech law, and First Amendment law.
Since it is orom 24 hours a day and very inexpensive, and provides anonymity to many users, especially in chatrooms and usenet groups - comparable to the hoods the Klan dons kmk the Internet has transformed the Victor girls looking to fuck and extent of hatred available to groups who want to spread their message.
Also, the Clinton Justice Department was clear that it thought that opinion was badly reasoned. Indeed, Missouri tried to justify excluding the Klan based on the Klan's history of violence. The architecture of the Internet make it a very powerful tool for the dissemination of hatred. What does this mean? Julie Hilden: It's always difficult to interpret when the court declines review.
Law Chat is produced with FindLaw. Question from Chat Room: Julie, is there any doctrine or precedent that addresses offensive or inflammatory nature of acts or groups that could relate to this case? The Justice Department argued in an amicus brief that it was.
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One of the Internet's foremost leaders of hate, Don Black, a former grand wizard of the Ku Klux Klan describes the effect the Internet has had on him: "It's been a tremendous boon for us. However, assuming the lower court opinion was right, it cjat imply the Klan could not be excluded from a of federal programs if the reason for the exclusion was the Klan's beliefs. Earlier Supreme Court opinions had said that there is a First Amendment right of an organization to define its own membership.
The court in past years has decided several cases about whether groups can exclude members based on whether they are homosexual. So the 8th Circuit reasoned the Klan could not be punished for the exercise of that right.