From: Mike Scher <strange@tezcat.com>
Date: Wed, 26 Aug 1998 05:37:43 -0700 (PDT)
To: lacc@suburbia.net
Subject: Re: LACC: Re: Is hate code speech? (fwd)
Message-ID: <Pine.SUN.3.95.980826073325.21224C-100000@huitzilo.tezcat.com>
MIME-Version: 1.0
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GAH.  Sorry about that truncated comment -- Morning misfire - went to
postpone to look up cites and sent instead.  Grumble finger macros,
grumble. 

The upshot being that a hostile work environment/harassment case with
these facts would serve as a great 'tie breaker' in any Supreme Court
decision between the "code is not speech" and "code is speech" split we're
seeing between federal jurisdictions. 

That is to say, in the American jurisprudence system, if you want
something protected from prior restraint as speech, you also have to take
the responsibilities the system imposes on you for the effects of that
speech. 

      -M

Michael Brian Scher   (MS683)  | Anthropologist, Attorney, Policy Analyst
     strange@cultural.com      |     http://www.tezcat.com/~strange/
     strange@uchicago.edu      |           strange@tezcat.com
   Give me a compiler and a box to run it, and I can move the mail.