• Sites’ Purpose
  • Contact
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Principles Of Government

All material on this site is for educational purposes only.
This site is designed to generate ideas for a supplementary section on think tank websites.
An online subscription to the Wall Street Journal is required get full use of this site.
(A) Articles are foundational content and (B) Articles are urgently important but may be replaced as they become dated
  • Home
  • ARTICLES
  • Characteristics of Government
    • INTRODUCTION
    • SOCIALISM
    • COMPETITION
    • DEMOCRACY AND VOTING
    • SOCIAL POLICIES EFFECTS ON DEMOCRATIC GOVERNMENT
    • GOALS OF PROGRESSIVISM AND THE MODERN LEFT
    • EVOLVING IDEOLOGIES
    • DEMOCRACIES AND NATIONAL DEFENSE
  • Principles of Government
    • INTRODUCTION
    • CITIZENSHIP
    • BELIEF SYSTEM
    • GOVERNMENT STRUCTURE AND POLITICAL SYSTEM
    • FISCAL POLICIES
    • SOCIAL POLICIES
    • FREE MARKETS AND REGULATION
    • SOUND MONEY
    • THE RULE OF LAW
    • DEFENSE AND FOREIGN POLICY
    • Conservation and Environment
  • Resources
    • Featured Articles
    • ARTICLES
    • BOOK REVIEWS
    • Books
    • Major Think Tanks
    • CIVIC EDUCATION WEB RESOURCES
    • Important Conservative Organizations
    • Conservative American Colleges and Universities
    • Print Resources
    • COMMENTARY
Print This Page

America Needs a New Civil Rights Act A

By Philip Hamburger - Oct. 16, 2022

Copyright ©2022 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8

Principles of Government · August 27, 2023 ·

The 1964 law targeted racial discrimination. Today’s problem is the suppression of dissent.

Today’s problem is the suppression of dissent. …Most worrisome is federal and state encouragement for private entities to discriminate against Americans with dissenting views…The funding justification for regulation increasingly reaches not only subsidized programs but entire institutions. And almost every major institution receives federal funding. So the potential for privatized government discrimination is nearly unlimited. In education, conditions on funding interfere with academic speech and the freedom of private institutions.

The first step in a constitutionally more modest approach would be to recognize that government power shouldn’t be exercised in ways that discriminate. On this basis, a new civil-rights act could bar discrimination in the exercise of government power. At the governmental level, this would prohibit viewpoint discrimination by federal and state officials and make their discrimination subject to suits for damages without qualified immunity.

The bar against discriminatory exercises of government power would also reach private bodies to the extent they exercise the power of government. Just because government power is privatized doesn’t mean it should escape the ordinary limits on such power. So when institutional review boards, Title IX committees, bar associations or other professional organizations exercise delegated legislative or judicial power, they should be vulnerable to pay damages for their viewpoint discrimination.

Read original article

Filed Under: (A) Constitutional Issues, Federalism, Federal Agencies and Administrative Law, (A) Culture, Character and Ideology, (A) Politics, Political Parties, Election Regulations, Articles, Education, Culture, Ideology

Primary Sidebar

Characteristics of Government

  • INTRODUCTION
  • SOCIALISM
  • COMPETITION
  • DEMOCRACY AND VOTING
  • SOCIAL POLICIES EFFECTS ON DEMOCRATIC GOVERNMENT
  • GOALS OF PROGRESSIVISM AND THE MODERN LEFT
  • EVOLVING IDEOLOGIES
  • DEMOCRACIES AND NATIONAL DEFENSE

Principles of Government

  • INTRODUCTION
  • CITIZENSHIP
  • BELIEF SYSTEM
  • GOVERNMENT STRUCTURE AND POLITICAL SYSTEM
  • FISCAL POLICIES
  • SOCIAL POLICIES
  • FREE MARKETS AND REGULATION
  • SOUND MONEY
  • THE RULE OF LAW
  • DEFENSE AND FOREIGN POLICY
  • Conservation and Environment

Voting

  • Introduction

Resources

  • Featured Articles
  • ARTICLES
  • BOOK REVIEWS
  • Books
  • MAJOR THINK TANKS
  • CIVIC EDUCATION WEB RESOURCES
  • Important Conservative Organizations
  • Conservative American Colleges and Universities
  • Print Resources
* All material on this site is for educational purposes only.

Footer

Characteristics of Government

  • INTRODUCTION
  • SOCIALISM
  • COMPETITION
  • DEMOCRACY AND VOTING
  • SOCIAL POLICIES EFFECTS ON DEMOCRATIC GOVERNMENT
  • GOALS OF PROGRESSIVISM AND THE MODERN LEFT
  • EVOLVING IDEOLOGIES
  • DEMOCRACIES AND NATIONAL DEFENSE

Principles of Good Government

  • INTRODUCTION
  • CITIZENSHIP
  • BELIEF SYSTEM
  • GOVERNMENT STRUCTURE AND POLITICAL SYSTEM
  • FISCAL POLICIES
  • SOCIAL POLICIES
  • FREE MARKETS AND REGULATION
  • SOUND MONEY
  • THE RULE OF LAW
  • DEFENSE AND FOREIGN POLICY
  • Conservation and Environment

Resources

  • Featured Articles
  • ARTICLES
  • BOOK REVIEWS
  • Books
  • MAJOR THINK TANKS
  • CIVIC EDUCATION WEB RESOURCES
  • Important Conservative Organizations
  • Conservative American Colleges and Universities
  • Print Resources

Copyright © 2025 · Principles of Government