Posted by David Bernstein:
California S.C. Hears Arguments on the Friends Sexual Harassment Case:
http://volokh.com/archives/archive_2006_02_12-2006_02_18.shtml#1140044021
An interesting report on the arguments yesterady [1]from the N.Y. Sun.
My take on the case can be found [2]here. In short,
if the Lyle opinion is allowed to stand, any Californian whose job
involves dealing with controversial matters that raise issues
potentially offensive to some people � AIDS education, abortion
counseling (pro or con), civil rights and affirmative action, and
much more � will be at risk of a harassment lawsuit. The only out
provided for defendants by the California Court of Appeals is to
prove that any "offensive" comments are made "within 'the scope of
necessary job performance,'" a determination that, as UCLA law
professor Eugene Volokh notes, will necessarily involve vague and
subjective perceptions of what speech is "necessary" to any
particular job.
References
1. http://www.nysun.com/article/27632?page_no=1
2. http://www.nationalreview.com/comment/bernstein200408201037.asp
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