CLS v. Hastings Law: Yet another response to Professor Volokh by David FrenchDavid French, Director of the ADF Center for Academic Freedom, writing at National Review’s Phi Beta Cons blog: “[I]sn’t Title VI aimed squarely at invidious discrimination? By its terms it’s limited to the identity-based categories of race, color, and national origin. Is it invidious discrimination for expressive organizations to ask that their members and officers agree with the group’s mission and conduct themselves accordingly? I think it’s a mistake to equate such commonsense, mission-based ‘discrimination’ with invidious racial discrimination. Of course, that doesn’t mean the individuals don’t get their feelings hurt when they’re excluded from organizations, but that doesn’t provide a pretext for state action.” Part VI: Volokh: The First Amendment and the Race Discrimination Bogeyman |