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39 UCLA L. Rev. 1791 (1991-1992)
Freedom of Speech and Workplace Harassment

handle is hein.journals/uclalr39 and id is 1805 raw text is: FREEDOM OF SPEECH AND WORKPLACE HARASSMENT Eugene Volokh* Introduction .............................................. 1793 I. Harassment Law and the Speech It Restricts .......... 1798 A. The Rules of Harassment Law ................... 1798 1. Harassment Generally ....................... 1798 2. Speech-Including Political or Religious Speech-as Harassment ...................... 1800 B. The Reasons for Suppressing at Least Some Harassing Speech-a Few Examples .............. 1807 C. How Harassment Law Suppresses Speech ......... 1809 1. The Incentive for Employers to Suppress Employee Speech ............................ 1809 2. How Harassment Law Suppresses Speech That Is Not Sufficiently Severe and Pervasive to Create a Hostile Work Environment .......... 1811 3. Court-Imposed Remedies That Prohibit Speech That Does Not Create a Hostile Work Environm ent ................................ 1814 4. Harassment Law's Restriction of Employee Speech as State Action ....................... 1816 II. Why Harassment Law Is Not Defensible Under the Existing First Amendment Exceptions ................ 1819 A. The Workplace Speech Exception .............. 1820 1. Existing Workplace Speech Doctrine ......... 1821 2. The Transactional Setting and Public Discourse Arguments ....................... 1824 * J.D., UCLA, 1992; B.S., UCLA, 1983. This Comment is dedicated to Anne and Vladimir Volokh, without whose love and support none of this would have been possible. The author would also like to thank Craig Bloom, Professor Evan Caminker, Professor Kenneth Karst, Judge Alex Kozinski, Barbara Lindemann, Rebel Pace, Michael Rivard, and Alexander Volokh. 1791

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