The New McCarthyism: Sexual Harassment, Free Speech, and Due Process

Abstract

The issue of sexual harassment has received considerable attention in recent years. As responses to thisJJroblem have evolved, free speech and due process are being increasingly threatened. Since the Supreme Court has given little guidance to managers, their ability to confront this problem is restricted. This article examines the conflict between limiting workplace speech and preventing sexual harassment, arguing that the courts need to clarify the meaning of sexual harassment and that more care needs to be given to the speech and due process rights of employers and employees. The article concludes with a proposal to prevent harassment while protecting speech.