Alito, Title VII, and the First Amendment

Props to David Bernstein of the Volokh Conspiracy for finding this case written by Samuel Alito. Prof. Bernstein gets to the heart of Judge Alito's position with this quote:

There is no categorical "harassment exception" to the First Amendment's free speech clause.... When laws against harassment attempt to regulate oral or written expression on such topics, however detestable the views expressed may be, we cannot turn a blind eye to the First Amendment implications.