In the Baldus Study , a group of scholars found that capital sentencing varies with race in the death penalty context. Knowing this about myself, I would focus on the fact that there might be no principled reason to distinguish between the speech in the various cases. At the time of the refusal, same-sex marriage was not yet legal. Thor readily invoked free speech for the performers of a racist and anti-Semitic skit at a hypothetical state university fraternity, notwithstanding the suffering that such performances are likely to inflict. They identified with white victims, victims who looked like them, and they accordingly became filled with righteous anger and empathy as a result, expressing those feelings with capital punishment, even if the perpetrator was also white. To be sure, anonymous accusers could be male or female, but the assumption that rape complaints are false affects women disproportionately. This decision will be quite helpful in the clergy sex abuse cases as it dissects belief from conduct. After thinking for a few moments about how to hold people accountable, Thor expressed an idea: Note the fact that the hypothetical action for group libel would aim to protect oppressed groups from such calumnies as the blood libel. And if people want to shut down an offensive skit in a fraternity, they can probably do so without violating the First Amendment. Professor Kennedy proposed that white juries were imposing the death penalty when they felt most outraged by a murder, and that tended to happen when the victim of the murder was white. And it does not matter to the Court what religious faith it is facing. If people falsely claim rape, there is probably recourse to an ordinary defamation suit. To reduce the abstraction of this discussion, let us turn to the conversations.