Discrimination, the Speech That Enables It, and the First Amendment
Rothgerber Chair in Constitutional Law and Professor of Law, University of Colorado School of Law.
Thanks to Bethany Reece, Jessica Reed-Baum, Virginia Sargent, and Jonathan Smith for outstanding research, and to the University of Chicago Legal Forum for excellent editorial assistance. Thanks too for thoughtful comments from Rachel Arnow-Richman, Rebecca Aviel, Amal Bass, Alan Chen, Terry Fromson, Beto Juarez, Margot Kaminski, Margaret Kwoka, Vicki Schultz, Nantiya Ruan, Derigan Silver, Scott Skinner-Thompson, Catherine Smith, and the par-ticipants at the Colloquium on Scholarship on Employment and Labor Law at Texas A&M School of Law, the Free Expression Scholars Conference at Yale Law School, and the symposium on What’s the Harm? The Future of the First Amendment, at the University of Chicago Law School.