John Culhane on Reconciling Freedom of Expression & Anti-Discrimination

In this episode, John Culhane, Professor of Law and Co-Director of the Family Health Law & Policy Institute at Widener University Delaware Law School, discusses his article "The Right to Say, But Not to Do: Balancing First Amendment Freedom of Expression with the Anti-Discrimination Imperative," which was published in the Widener Law Review. Culhane reflects on the inherent tension between the values of freedom of expression and anti-discrimination, which the Supreme Court recently tried and failed to reconcile in Masterpiece Cakeshop v. Colorado Civil Rights

Commission. He observes that existing proposals to balance those competing values are impractical and unworkable, and suggests that the answer may be more speech, not less. Culhane is on Twitter at @johnculhane.

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