In today’s Wall Street Journal, Harvey Silverglate (a co-founder of FIRE and author of the terrific book Three Felonies a Day) has a piece arguing strongly in favor of the First Amendment right of the CLS (or any other group) to set its own standards for membership without running afoul of “discrimination” rules.

David French has written about the case, and I’m delighted (but not surprised) to see Harvey Silverglate adding his expert legal analysis. The key point is that, as the Supreme Court held in Roberts v. U.S. Jaycees, “freedom of association plainly presupposes a freedom not to associate.”