Profanity and BBSs
16-Sep-90 13:45:28
Sb: #503-Profanity and BBSs
Fm: Mark Olbert 73557,1512
To: Kevin Darling 76703,4227
Kevin,
Thanx for jarring my memory! You may have given me a rebuttal to both your
point and Tom's (see other reply).
There IS precedent for 'private' organizations having to follow pay
attention to? constitutional issues. Consider private clubs (like the
Johnathon Club here in LA) which for years excluded women, Jews, blacks
and/or other minorities as a matter of policy. Various court decisions
have required those private organizations to change their policies. I
don't recall exactly the basis of these decisions — but my wife tells me
she thinks it had something to do with those groups (pardon me,
organizations) letting their facilities be used by the public. I'm a
little hazy on this. I'll look into it.
Another example would be the hiring practices of private companies. I
think the logic there was based on their operating in public environments
or some such. Yet another example, probably less applicable, would be the
prohibitions on private universities from discriminating on the basis of
race and sex (i.e., not only in admissions but also in their funding of
male versus female athletics, prohibiting females from joining 'male'
sports teams, etc.). There the rulings were derived, I think, from the
schools getting federal funding — although maybe the rulings were broader.
I'll look into that, too.
Does CIS get any federal funding? In any event, there may be precedents
for applying constitutional tests to actions taken in a 'private'
environment like CIS's network.
– Mark