Diversity, equity, and inclusion policies and programs have been in the news frequently in recent months as individuals claim such initiatives impede upon their First Amendment rights to freedom of speech. Writing at Justia Verdict, Dean Vikram Amar examines a couple of cases in US law schools where professors have claimed to have their rights curtailed by university DEI policies.
In weighing the complaints against the established legal doctrine and the rights of employers, in particular governments or public universities, Amar finds it hard to come up with a solution that benefits everyone. He notes that balancing tests are often the means by which the courts settle such matters, but notes "open-ended balancing tests are often unsatisfying, but sometimes they are also often the best courts can come up with."
Read his full editorial on DEI and free speech at Justia Verdict.