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

David E. Bernstein
Cato Institute, October 2003

You Can't Say That tells the chilling story of how antidiscrimination laws, originally intended to protect blacks from invidious discrimination, evolved into murky, unknowable requirements governing everything from discrimination based on height and weight, to Columbus Day parades. Berstein documents the unpredictable expansion of the "hostile environment" doctrine and other antidiscrimination law concepts that now leave us unsure what behavior is within the bounds of the law.

Berstein argues convincingly that vague antidiscrimination law and policies are a threat to us all. The rise of lawsuits by men claiming that feminist lecturers create a hostile environment, for example, demonstrates how quickly and surely vague antidiscrimination law can be used to suppress unpopular speech of any kind.

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