The Supreme Court and Sexual Harassment: Preventing Harassment While Preserving Free Speech

The issue of sexual harassment has received considerable attention in recent years. As responses to this problem have evolved—Paul I. Weizer argues—free speech and due process have become increasingly threatened. Because the Supreme Court has given little guidance, confronting harassment has been difficult and haphazard.

The Supreme Court and Sexual Harassment examines the crux between limiting workplace speech and preventing sexual harassment. Weizer argues that the courts need to clarify further the meaning of sexual harassment, and employers need to clarify their own and their employees' speech and due process rights in the workplace. The book offers a lucid examination of how the First Amendment has evolved in the past century, an investigation of comparative areas of unpopular speech, and an analysis of how sexual harassment precedent has developed. Weizer concludes with a proposal for a less restrictive alternative that would prevent true harassment while preserving free expression. Adding another strong voice to the debate on sexual harassment in America, this is an important book for our time.

Chapter 1 The Core Values of the First Amendment
Chapter 2 The Lessons of Content Neutrality in the Area of Symbolic Hate Speech
Chapter 3 The First Amendment in the Workplace
Chapter 4 Catharine MacKinnon and the Lessons of Indianapolis
Chapter 5 The Lessons of Speech Codes on Campus and in the Workplace
Chapter 6 Have We Learned Our Lessons?
Bibliography
Index
About the Author