Expert: Michael Troy - 12/23/2007

Question
I'm Canadian and am alarmed by the terrifying powers of Human Right's Commissions to muzzle free speech. Yet at other extreme, would the 1st Ammendment protect the right for every store to post "No dogs or Jews" signs, swastikas, and allow businesses and real estate properties to keep out Jews, Blacks and other minorities. In other words is it possible that the 1st Amendment would protect a scenario where a complete recreation of pre-war Nazi Germany existed. Although there might not be an immediate "true threat" this terrifying atmosphere would impede the individual's right to live without fear, shame, stigma and danger. Right now it's uncouth to display overt anti-semitism but in a different time and social climate could the 1st Amendment be used to re-create a fascist environment? Thanks so much - Suri

Answer
Hi Suri,

Firstly, there is a difference between the scenario you describe and Nazi Germany.  In Nazi Germany, the government imposed those sorts of things on everyone.  There was no personal freedom for people to decide those things for themselves.  If there was the sort of right to do the things most people would not do so anyway.

Secondly, the First Amendment is not interpreted as extremely as you suggest.  The Civil Rights Act of 1964 prohibits almost all American business from discriminating against people based on race or ethnicity.  Even an unenforced sign would probably be illegal.  Similarly, the Fair Housing Act prohibits any laws, regulations, or private contracts that prevent members of any race or ethnicity from buying property.  The Courts have not held that the First Amendment prohibits such anti-discrimination laws.

The First Amendment does permit private citizens who wish to express racist or anti-Semitic views.  But it does not let those people act on such bigoted views in business dealings or other situations.

I hope this helps!

- Mike