Private club liable for sexist speech

The New Hampshire Supreme Court has upheld the decision of the state Commission on Human Rights to assess $64,000 plus attorneys’ fees against the Franklin Lodge of Elks for committing sex discrimination against four applicants including “derogatory and anti-female comments” by club members during discussions over whether to admit the applicants. “Of course, when clubs are held legally liable for their members’ speech, they will naturally be forced to suppress such speech, to avoid this liability.” (Eugene Volokh, “Club Codes”, National Review Online, Jun. 25.)

Comments are closed.