Signs of the Times: The Dale Opinion
Document Type
Book Chapter
Publication Date
7-1-2009
Abstract
This chapter examines the reasoning in Boy Scouts of America v. Dale. It argues that the Supreme Court's opinion in the case offers a useful cautionary lesson in First Amendment jurisprudence: determinations of what is protected speech cannot defer either to individual speakers or to the culture as a whole, because such deference produces bizarre results.
Keywords
Boy Scouts of America v. Dale, First Amendment jurisprudence, Supreme Court, protected speech
Publication Title
A Right to Discriminate? How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association
Repository Citation
Wolff, Tobias and Koppelman, Andrew, "Signs of the Times: The Dale Opinion" (2009). Book Chapters. 178.
https://scholarship.law.upenn.edu/faculty_chapters/178
https://doi.org/10.12987/yale/9780300121278.003.0002
DOI
https://doi.org/10.12987/yale/9780300121278.003.0002