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From: msj@gitpyr.UUCP (Mike St. Johns)
Newsgroups: net.news,net.legal
Subject: Re: Freedom of speech and the net
Message-ID: <360@gitpyr.UUCP>
Date: Mon, 19-Nov-84 17:03:36 EST
Article-I.D.: gitpyr.360
Posted: Mon Nov 19 17:03:36 1984
Date-Received: Wed, 21-Nov-84 01:16:24 EST
References: <201@looking.UUCP> <7@cmu-cs-k.ARPA> <> <1842@nsc.UUCP> <475@amdahl.UUCP> <>
Reply-To: msj@gitpyr.UUCP (Mike St. Johns)
Organization: Georgia Institute of Technology
Lines: 32
Xref: gatech net.news:1733 net.legal:1021
Summary: 

In article <> version B 2.10.2 9/18/84; site gitpyr.UUCP version B 2.10 5/3/83; site cmu-cs-k.ARPA gitpyr!gatech!akgua!mcnc!decvax!genrad!wjh12!harvard!seismo!rochester!cmu-cs-pt!cmu-cs-k!tim tim@cmu-cs-k.ARPA (Tim Maroney) writes:

....
>held that it was clearly implied by the Constitution.  The Supreme Court,
>not lay literal interpretation, is the ultimate authority on the document's
>meaning.  Consider the Fourteenth Amendment, which forbids racial
>discrimination only by the states; yet we all know that it is an illegal
>violation of a person's civil rights for a private company to refuse to hire
>him on grounds of race.
>

Sorry, but the reason it is a violation of a persons civil rights to refuse
to hire him on the basis of race is that Congress passed the Civil Rights
Acts of 1964. (I may be wrong about the exact title).  Other acts have popped
up from time to time.  (For example age discrimination was an amendment to
the Act).  The fourteenth amendment did a lot of things.  It is the "equal
protection under law" amendment.  Although it required equal treatment, the
way the treatment was given was not specified.  This gave rise to such things
as the "seperate but equal" doctrine that pervaded our school systems
until as late as the 1950s.  The Civil Rights Act strictly defined the
meaning of the term "discrimination" and further, indicated the penalties
to be levied for non-compliance.  Certain forms of discrimination are still
permitted where there is a bona fide occupational requirement, (nude dancer
in strip joint?) but even these are subject to challenge. (I seem to remember
a case where a non-oriental was denied employment in a Chinese restaurant.
He sued and lost...*fading memory*)

Mike
-- 
Mike St. Johns
Georgia Insitute of Technology, Atlanta Georgia, 30332
...!{akgua,allegra,amd,hplabs,ihnp4,seismo,ut-ngp}!gatech!gitpyr!msj