Lesbian and gay rights as a free speech issue: a review of relevant caselaw.
The legal struggles waged by lesbian and gay male litigants almost invariably involve issues of freedom of expression, broadly construed. To illustrate this point, a wide array of caselaw is examined--ranging from classic "access to a forum" controversies to those concerning symbolic conduct and freedom of association (including marriage and child custody law), employment discrimination, and proscriptions against deviant sexual conduct. In each category, claims to a right of freedom of expression are manifested. Cautionary notes are offered concerning those cases in which gay litigants try to protect their rights by inhibiting the speech of others. A brief concluding section assesses the long-term and short-term efficacy of raising First Amendment arguments (as opposed to privacy or equal protection arguments) in lesbian/gay male litigation.
Siegel
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Department of Communication Arts, Gallaudet University, Washington, DC 20002.
D000328:Adult; D005260:Female; D006716:Homosexuality / Q000523:psychology*; D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D008297:Male; D011287:Prejudice; D011643:Publishing / Q000331:legislation & jurisprudence*; D014481:United States