Last week, I started blogging about my new article Expressive Discrimination: Universities' First Amendment Right to Affirmative Action, just published by the Florida Law Review. In these days of federal attacks on private DEI, maybe some private universities might find this useful as a strategy for fighting back against the Trump Administration! If you want to see the PDF with all the juicy footnotes, read the whole thing.
I. How to Be Like the Boy Scouts
A. The Prima Facie Case