Balancing Hate Speech, Professional Ethics, and First Amendment Rights: A Case of and from the Judiciary

As an increasing number of state and local governments pass laws that prohibit discrimination against gay and lesbian employees, individual citizens and groups opposed to such rights continue to fight against them. Although the First Amendment to the United State Constitution guarantees the right to free speech, a potential problem arises when the impartiality of a member of the judiciary is questioned based on free ‘‘hate speech’’ expressed as a private citizen. This paper explores the dilemma the courts face relative to the professional ethics of those who oversee the courts where gay and lesbian and other employees attempt to ensure their rights to fair treatment in the workplace.