Signs of the Times: The Dale Opinion
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.
Boy Scouts of America v. Dale, First Amendment jurisprudence, Supreme Court, protected speech
A Right to Discriminate? How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association
Wolff, Tobias and Koppelman, Andrew, "Signs of the Times: The Dale Opinion" (2009). Book Chapters. 178.