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Virtually every court that has considered the matter has concluded that racist speech can create a hostile, abusive and discriminatory work environment, and that when it does so, a court can stop it. No court in recent decades has held that the First Amendment gives people the right to use speech to harass fellow workers. That's the established view supported by years of precedent. But, says our commentator, it's not the view of Janice Rogers Brown, President Bush's nominee to the D.C. Circuit.
March 29, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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