Exercise Of Constitutional Rights Research Articles

Firearms Law and Scholarship Beyond Bullets and Bodies

Academic work is increasingly important to court rulings on the Second Amendment and firearms law more generally. This article highlights two recent trends in social science research that supplement the traditional focus on guns and physical harm. The first strand of research focuses on the changing ways that gun owners connect with firearms, with personal security, status, identity, and cultural markers being key reasons people offer for possessing firearms. The second strand focuses on broadening our understanding of the impact of guns on the public sphere beyond just physical safety. This research surfaces the ways that guns can create fear, intimidation, and social trauma; deter civic participation and the exercise of constitutional rights; and further entrench racial inequality. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

Constitutional interpretation and legal consciousness: Out of the courts and onto the ground

Abstract This article examines the relevance of the study of legal consciousness, particularly that of ordinary people, to constitutional interpretation. It draws on sociolegal scholarship to explain how empirically informed, ground-up research on legal consciousness can make important contributions to the study of constitutional law away from elite actors and formal political institutions. Statutes, regulations, and court opinions that restrict the exercise of constitutional rights, and political discourse that is averse or friendly to activism and rights claims are conditions that shape the legal consciousness of ordinary people—their willingness and ability to make constitutional claims of their own in the courts, as well as their self-perceptions, social interactions, and relationships. Constitutional interpretation by ordinary people—their legal consciousness—in turn influences the development of constitutional law as it is interpreted by courts and other branches of government. By studying the words, thoughts, feelings, and (non)actions of citizens as a means of revealing how they perceive, think, and behave toward the constitution, scholars can produce a different type of study about constitutional interpretation—one that emerges from the ground up. Adopting the approach of legal consciousness research can contribute much-needed empirical insights into typically normative debates in legal scholarship about constitutional legitimacy and developments.

Protection of general (public) interest as a criterion for restriction of constitutional rights and personal freedoms

The article is devoted to the study of the protection of general (public) interest as a criterion for restricting the constitutional rights and freedoms of the individual. It is substantiated that the presence of general (public) interest in accordance with the legislation of Ukraine may be grounds for: restriction of property rights, other constitutional rights, in particular, the right to access public information, the right to freedom of association in political parties and public organizations, peacefully, without weapons and to hold meetings, rallies, marches and demonstrations, the right to strike; in administrative proceedings - to resolve the issue of consideration of the case in the general
 claim proceedings, the possibility of cassation (third) review of the case, determining the amount of costs for legal assistance and the distribution of court costs.
 The author argues that the issue of protection of general (public) interest is closely related to such an important issue as trust in the judiciary. It is proved that the special vocation of administrative courts is that they are responsible for resolving the extremely difficult issues of finding a fair balance between general (public) and private interests, using the procedural mechanisms enshrined in the CAS of Ukraine.
 An analysis of the decisions of the Constitutional Court of Ukraine, based on which the components of the rule of law, which must be provided by the state and its bodies during: the establishment of legal restrictions on the exercise of constitutional rights and freedoms of man and citizen; regulation of public relations in the social sphere; redistribution of public expenditures and public income; establishing restrictions on the right to appeal and cassation appeal against a decision of a court of general jurisdiction.
 On the basis of the conducted research it was offered to supplement Art. Art. 56 and 65 of the Constitution of Ukraine in order to unify the approach to determining the grounds for restriction in exceptional cases of constitutional rights and freedoms of the individual.

Protection of the constitutional right of a person to property (property) in the security obligations of pledge and surety

The current stage of development of the national legal system of Ukraine is characterized by the development of various forms and ways of protection of the constitutional right to property, creating conditions for the exercise of constitutional rights and legitimate interests of individuals in property relations and realization of difference property rights.The key principle of the constitutional regulation of private law relations is the equality of all participants, which is a significant achievement of the modern legal system. The most pronounced detection of the principle of equality is embodied in the field of civil law, where the main method of regulation is the legal equality of participants. It allows protecting the rights and interests of individuals along with the interests of the state and other subjects of public law, which in the field of civil law have no privileges in connection with their status, have no authority over other subjects of civil law and are legally equal to individuals.The issue of property is, in general, key in the constitutional regulation of economic relations, which is directly related not only to property but also contract law, because, first, entering into appropriate legal relations, their sub-jects satisfy their own property and other interests, and such actions should not harm the interests of others. And secondly, most of the ways to protect violated property rights (property) are implemented within the framework of a binding legal relationship.A special institution is the provision of obligations, as it is designed to protect the right of a person to property, which is used as a guarantee of protection of such rights in a contractual relationship. This institution is a set of legal norms that regulate the relationship related to the creditor’s rights to the debtor’s property or claims to third parties, establish additional mechanisms and means of state legal protection to ensure the actual and proper performance of obligations ultimately guarantees the protection and defense of the right of a person (creditor) to his property.In this article defines that the specific types of security for the obligation are pledge (mortgage) and surety, which allow to involve in guaranteeing the protection of a person’s right to property in contractual relations of third parties, in particular in the case of pledge with a guarantor. Pledge and surety are different types of pledge in their means, so the rules governing the surety do not apply to the creditor’s legal relationship with the property guarantor, as he is liable to the pledgee for the debtor’s performance of the principal obligation only within the value of the pledge.Pledge and surety may give rise to a new accessory (additional) obligation between the creditor and the guaran-tor or property guarantor. In order to ensure equality as a key principle of constitutional law and the method of civil law regulation, it seems appropriate to supplement the legislation of Ukraine with the provisions on the conclusion of a surety agreement, only with the consent of the debtor; also substantiated the opinion on the need to give the consent of the guarantor (property guarantor) to assign the right of claim to him under the surety agreement (prop-erty surety).

Compensación económica ante el retiro voluntario del Servidor Público

El objetivo de la investigación es determinar la incidencia de la compra de renuncia con indemnización en el ejercicio de los derechos constitucionales de los servidores públicos en la República de Ecuador, por cuanto los derechos consagrados en materia laboral se ven vulnerados con esta figura jurídica inconstitucional. De tipo descriptivo, con enfoque cuantitativo, descriptiva de campo no experimental, cuya estrategia metodológica fue sistematizada mediante el análisis sintético con el cual es posible realizar un examen de la situación actual, que presentan los servidores del estado. apoyada en la revisión y análisis documental de las diferentes leyes y normas en materia laboral, se aplicó una encuesta constituida por 5 interrogantes a un grupo de 15 docentes jubilados de la Universidad Estatal de Milagro, cuyo resultado arrojó que son vulnerados los derechos de los servidores públicos, lo que conspira contra la estabilidad laboral y el derecho al buen vivir.

Living on the Margins Beyond Gender Binaries: What are the Challenges to Securing Rights

This article identifies the extent to which deeply embedded ideas and beliefs about the innate normalcy of the man/woman gender binary feed longstanding attitudes against those persons whose gender identity is believed to be aberrant and pathological. The discrimination directed at LGBTQ + persons creates inequities that deepen their social marginalization and push them further away from the exercise of constitutional rights. This article urges public administration to create effective interventions to eliminate the racism and gender-identity hate and discrimination that continue to place an unfair burden on especially LGBTQ+ Black, Indigenous and other Persons of Color (BIPOC).

COVID-19 pandemic. New challenge for constitutional relations

The subject. Current constitutional legal relations are considered in the context of the objective legal reality of the COVID-19 pandemic. The purpose of the article is confirmation or confutation of the hypothesis that COVID-19 pandemic impacts on the development of constitutional relations. The methodology. The author uses the method of comparative legal analysis legal measures aiming the minimization of pandemic’s impact on society and formal legal analysis of legislative acts. The main results of the research. It is alleged that the COVID-19 pandemic had a significant impact on the state of constitutional legal relations and revealed the most acute social and economic problems in all areas of public life. The development of constitutional legal relations in a pandemic will lead, firstly, to a new correlation of collective and individual human rights. As a result of a pandemic, constitutional legal relations in the healthcare sector will move from the category of individual right to life and health to the category of public interest. When the health of an individual citizen is a guarantee of economic and public safety. Secondly, the development of the institution of self-limitation of constitutional human rights. From the position of law, self-restriction of rights allows: to ensure personal and public safety of citizens; avoid introducing restrictions on constitutional rights and freedoms; eliminate redundancy of human rights restrictions. Self-limitation of constitutional human rights is considered as conscious voluntary abstinence from the exercise of constitutional rights on the recommendation of public authorities in an emergency or other conditions close to them (high alert, self-isolation) in order to ensure public and personal safety. Self-limitation of constitutional human rights allows us to observe the constitutional balance of personal and public interests. Thirdly, the experience of combating a pandemic has shown that if the population is able to cope with the consequences of a short-term restriction of their rights on their own, then long-term quarantine measures lead to a significant drop in incomes of the population and must be compensated by the state. Conclusions. The COVID-19 coronavirus pandemic on the one hand triggered a new stage of constitutional legal relations, and on the other hand, like any emergency, exposed the most acute social and economic problems in society. The development of constitutional legal relations in the context of the emerging digital society and the state will not only lead to the development of new principles of constitutional development and, as a result, to constitutional legal relations of a new, digital level, but also affect such areas as the ratio of collective and individual human rights; development of the institution of self-restriction of human rights; further improvement of compensatory constitutional legal relations.

Red Flag Laws: Proceed with Caution

“Red flag” laws, or “extreme risk protection orders”, have been enacted in several states. While the idea for these laws is reasonable, some statutes are not. They destroy due process of law, endanger law enforcement and the public, and can be handy tools for stalkers and abusers to disarm their innocent victims. Many order are improperly issued against innocent people. The Conference of Chief Justices asked the Uniform Law Commissioners to draft a national model red flag law, but the Giffords organization blocked the effort — lest it offer an alternative to the extreme and reckless system being pushed by Giffords and related groups, most notably the Bloomberg entities. When Confucius was asked what would be the first step if a government sought his advice, he answered, “It would certainly be to rectify the names. . . . If the names are not correct, language is without an object.” Bills that claim to be about “Extreme Risk Protection Orders” are not correct; the bills cover much lower-level risks, or just “a danger.” Likewise, the term “red flag” is dubious because some bills label as dangerous the peaceable exercise of constitutional rights. A more accurate name for these laws is “gun confiscation orders.” Such orders can be legitimate when fair procedures accurately identify dangerous individuals. Such laws include the following features: • Petitions initiated by law enforcement, not by spurned dating partners or relationships from long ago. • Ex parte hearings only when there is proof of necessity. • Proof by clear and convincing evidence that has been corroborated. • Guarantees of all due process rights, including cross-examination and right to counsel. • Court-appointed counsel if the respondent so wishes. • A civil remedy for victims of false and malicious petitions. • Safe and orderly procedures for relinquishment of firearms. • Strict controls on no-knock raids. • Storage of relinquished firearms by responsible third parties. • Prompt restoration of concealed carry permits for the falsely accused. • Prompt return of firearms upon the termination of an order. • Renewal of orders based on presentation of clear and convincing proof. • Not allowing time-limited orders to be bootstrapped into lifetime federal prohibition.

The Contemporary Cambodian Constitutional Enforcement

Studies conducted on the constitutional law-making process have shown that public participation is a key element of the relationship between the government and its citizens, and legitimizes the whole process. The present paper discusses the relationship between the people and the government on the basis of the Cambodian Constitution, both de jure andde facto. As assessments, it takes the 1993 constitutional making process and the public’s participation thereto. This paper aspires to answer the following questions: firstly, how does the constitutional law-making process impact the exercise of constitutional rights in Cambodia, and, secondly, to what extent does public participation play a role in public affairs, especially insofar as the constitution and law making processes are concerned. It further suggests that the concept of meaningful public consultation on constitution and law making should be incorporated in the Cambodian Constitution.

Perspectives on restricting the exercise of constitutional rights and freedoms in order to ensure national security

The current study aims at presenting the conditions under which the restriction of the exercise of constitutional rights and freedoms can operate in order to satisfy the measures regarding the protection of national security. One the one hand, the valences of constitutional law of this topic lie on the fact that the adopted measures must be in close correspondence with the exigencies of the Constitution, and on the other hand, the checking of the conditions of adopting specific measures to restrict constitutional rights and freedoms is the prerogative of the Constitutional Court asked to verify the compliance with the provisions of the Fundamental Law.

The effects of an administrative and policy vacuum on access to archives in South Africa

Open access to information is an essential tool for combating inefficiency in the machinery of state and for the assertion of human rights. Access to archives is essential for ensuring long-term accountability and the learning of lessons from past events and past errors. Despite the constitutional and administrative importance of open access to archives, the sector is largely ignored in South African government policy formulation, although in-depth information and extensive recommendations are available on the subject, beginning with recommendations made by the Truth and Reconciliation Commission in 1998. This article focuses on a report entitled State of the Archives: An analysis of South Africa’s national archival system, 2014, and contrasts this document with the almost complete neglect of the National Archives in the Draft White Paper on Arts, Culture and Heritage published for comment in November 2016 and more recently in mid-2017. It is argued that one of the State of the Archives weaknesses is that it looks at the ‘national archival system’ and especially the National Archives of South Africa, in and of itself, while insufficient attention is paid to the National Archives as a functioning component within the greater bureaucratic machinery. It is further argued that there is a close correlation between the state of a National Archives and the state of a national government bureaucracy. In this context, a repositioning of archives to align the sector better in terms of the objectives of the National Development Plan and the exercise of constitutional rights is recommended.

The Exercise of Constitutional Rights, a Crime Punishable by Death

Coerced, involuntary confessions are constitutionally barred. All interrogations and plea negotiations must be maintained absent any threats. Death is different. Prosecutors throughout the United States acknowledge the continued practice of leveraging plea negotiations with the threat of execution. A small fraction of death penalty trials result from the prosecution’s pursuit of the death sentence. Many of the nation’s most notorious serial killers escaped the death penalty by simply accepting a guilty plea. Those prosecutors who adamantly support the death penalty, seeking the sentence in every case in which it is available, are overwhelmingly amenable to abandoning the sentence in exchange for the defendant’s guilty plea. In these negotiations, the defense counsels’ legal strategy centers on saving their client’s life. Legal ethics mandate defense attorneys counsel defendants to accept any offer to avoid the death penalty. This exposes the growing number of guilty pleas accepted for the sole purpose of avoiding death. The Court recognizes the practice of threatening a defendant’s life with the death penalty as constitutionally valid. Defendants maintain a voluntary choice to plead guilty and avoid the death penalty. These defendants’ guilty pleas are products of voluntary and intelligent choices between the alternatives. This interpretation effectively permits prosecutors, who leverage capital plea bargains with death, to avoid any liability for coerced confessions. This increased practice is problematic as it both undermines the purpose of the death penalty, and forces the forfeiture of constitutional rights contingent on escaping death. Employing the death penalty to encourage guilty pleas proves an unreasonable burden on defendants’ Fifth and Sixth Amendment rights. These plea negotiations result in penalizing defendants for the refusal to plead guilty, rather than for the commission of the particular crime. Immense public policy concerns evolve from both enabling defendants, guilty of the most heinous crimes, to avoid the harshest sentence through pleading; and encouraging false confessions from defendants merely attempting to escape a death sentence. This plea bargaining practice conveys both an impermissible improper influence forcing the pleas constitutionally involuntary under the Fifth Amendment, and serves as an unreasonable burden on the defendant’s Sixth Amendment rights. This article is the first to scrutinize prosecutors’ use of the death penalty in plea negotiations congruent to the lacking recourses available to try death penalty cases. Encouraging defendant’s to accept a guilty plea in order to avoid a sentence in which the prosecution lacks the recourses to procure conveys an impermissible false threat. Additionally, this academic article serves as a unique analysis of the effects of plea bargaining in capital cases to penalize the exercise of constitutional rights rather than the commission of a particular crime. The pleas prove overly burdensome to the constitutional rights of capital defendants.

The Rugged Individual's Guide to the Fourth Amendment: How the Court's Idealized Citizen Shapes, Influences, and Excludes the Exercise of Constitutional Rights

Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag. Or who can help but feel humbled by the courage of Rosa Parks, a seamstress, who finally had enough and was willing to be arrested rather than sit in the back of the bus. But while these stories of everyday individuals acting with remarkable courage inspire us, we would hesitate to say that before a citizen can enjoy his or her constitutional rights that he or she must exhibit a similar fortitude. A close examination of the Court’s cases, however, shows that the Court has imposed exactly such an expectation when it comes to the Fourth Amendment. The Court has repeatedly turned to the archetype of an idealized citizen – the “rugged individual” who will unflinchingly stand up to government authority – to define Fourth Amendment rights, and it has had disastrous consequences. The Court’s use of the rugged individual has created an unrealistic threshold for exercising one’s Fourth Amendment rights and is a primary reason why current Fourth Amendment doctrine has proven so impotent in addressing the severe problems with police-citizen encounters that have erupted across the country, from Seattle to Chicago to Ferguson to Baltimore, with each day’s headlines seemingly adding another city to the list. This Article will examine the Court’s use of the rugged individual archetype in its Fourth Amendment jurisprudence and demonstrate how instead of promoting values like dignity and autonomy, the values that the archetype was intended to represent, it has actively undermined those values to devastating effect. Not only does the empirical evidence show that acting like the rugged individual is beyond the reach of most of the citizenry when confronted by the police, it also shows that the archetype when applied to minority communities creates an especially dangerous situation that alienates and effectively disenfranchises a large swath of citizens from their rights. The Article concludes by examining the various reasons the Court continues to rely on the rugged individual and why that reliance must change. In its place, the Article proposes a rights-bearing citizen as an archetype that far better promotes the Fourth Amendment’s underlying values − an archetype that presumes that every citizen, whatever their race, income, or neighborhood, desires to exercise their Fourth Amendment rights and aligns Fourth Amendment jurisprudence with the realities of a police-citizen encounter.

'Bitch,' Go Directly to Jail: Student Speech and Entry into the School-to-Prison Pipeline

This article demonstrates the close connection between student speech that the First Amendment protects (even for students in grades K-12) and penalties school authorities impose on speech they find controversial or offensive. The penalties include deprivation of instructional time – suspension, expulsion and assignment to alternative school for troubled and disruptive youth. The link between the exercise of First Amendment rights and school discipline that starts young people on the school-to-prison pipeline is even more dramatic when on-site police officers arrest students or schools refer them to the juvenile justice system for violating a school speech code – rules imposed by the school that may restrict expression the First Amendment protects in- and out- of school. Using national and local survey data that show the majority of students suspended from school are charged with nothing more than a code violation, often involving protected speech (such as cursing or criticizing a teacher), as well as reported cases about violations of student speech rights decided long after students had lost educational time, and the stipulations in the prolonged civil rights litigation in Meridian, Mississippi linking race, speech, in-school arrests and incarceration, the article demonstrates a nexus between the exercise of constitutional rights and the school-to-prison pipeline. The article also discusses penalties imposed for off-campus speech by students, especially online expression. The author argues that protected speech should never result in penalties that lead to adjudication as a delinquent or confinement in a juvenile facility.

Measuring the Chilling Effect

Supreme Court doctrine grants special protection against laws that “chill” protected speech, most prominently via the overbreadth doctrine. The overbreadth doctrine permits persons whose own speech is unprotected to challenge laws that infringe the protected speech of third parties. The Court has not generally applied overbreadth and the other speech-protective doctrines to other constitutional rights even though other rights could also be subject to a chilling effect. The case law simply assumes that the chilling effect only acts on the exercise of speech, and that this justifies treating speech differently from other rights.We tested these assumptions with respect to abortion rights. By comparing abortion rates with state laws over a two-decade-plus period, we found a statistically significant correlation between laws forbidding late-term abortions and the reduction of not only late-term but also “near-late-term” abortions, i.e., abortions in the roughly one month before the period in which abortions are forbidden. That effect persists even after controlling for potentially confounding variables, such as the number of abortion providers and pro-life public opinion. Moreover, the effect is not limited to the year of enactment or associated with failed policy initiatives, suggesting that the impact is due to the law itself rather than associated publicity. These findings are consistent with, and strongly suggestive of, a chilling effect on abortion providers and/or women seeking abortions. This result undermines the implicit assumption that the chilling effect is unique to laws regulating speech and vindicates the general proposition that laws can chill the exercise of constitutional rights beyond their literal coverage.

«Los naturales son ciudadanos de la gran familia boliviana». La participación indígena en la construcción del departamento del Beni, siglo XIX

In 1842, following the creation of the department of Beni, its native inhabitants obtained the citizenship. Through legislation enacted during the XIXth Century, this paper aims to examine the strategies, activities and institutions of this population in relation to the exercise of constitutional rights in the access in the local government and the property of the land.

Copyright and the Vagueness Doctrine

The Constitution's void-for-vagueness doctrine is itself vaguely stated. The doctrine does little to describe at what point vague laws-other than those that are entirely standardless-become unconstitutionally vague. Rather than explore this territory, the Supreme Court has identified three collateral factors that affect its inclination to invalidate a law for vagueness: (1) whether the law burdens the exercise of constitutional rights, (2) whether the law is punitive in nature, and (3) whether the law overlays a defendant-protective scienter requirement. Measured against these factors, copyright law does not meet the vagueness doctrine's minimum requirement of fair notice to the public. Copyright, by its terms, restricts free speech, and the law's prolixity frustrates ex ante assessment of what speech is lawful. In addition, substantial similarity and fair use, the very provisions of copyright law that are generally held to rescue it from overbreadth, themselves admit considerable uncertainty into the infringement analysis. That substantial, extracompensatory damages are available against infringers, regardless of their state of mind, renders the copyright laws still more problematic under the vagueness doctrine. This Article argues that although a case can be made that the copyright laws are unconstitutionally vague, invalidation of all or any portion of the Copyright Act is unlikely and not constructive. Reforms undertaken specifically to cure copyright's indeterminacy are not likely to be effective, either. However, a consideration of the vagueness doctrine's collateral factors and how they apply to copyright suggests an appropriate reform of the law. For cases involving expressive use of copyrighted content, lawmakers should adopt a three-tiered system of civil infringement liability by which strict liability is preserved in cases brought for injunctive relief only, while suits for statutory and actual damages require proof of willful and negligent infringement, respectively.

Copyright and the Vagueness Doctrine

The Constitution’s void-for-vagueness doctrine is itself vaguely stated. The law does little to describe at what point vague laws - other than those that are entirely standardless - might be unconstitutionally vague. Rather than explore this territory, the Supreme Court has identified three that affect its inclination to invalidate a law for vagueness, including (1) whether the law burdens the exercise of constitutional rights, (2) whether the law is punitive in nature, and (3) whether the law overlays a defendant-protective scienter requirement. Against this backdrop, it is fair to say that copyright law, in its current configuration, does not meet the vagueness doctrine’s minimum requirements of fair notice to the public. Copyright by its terms restricts free speech; the law’s prolixity frustrates ex ante assessment of what speech is lawful. The question whether speech infringes copyright requires reference to a multiplicity of top-level interlocking questions or doctrines - each with its own manifold of subsidiary legal issues. Still more troubling is the uncertainty that inheres in substantial similarity and fair use, the very copyright doctrines that are generally held to rescue copyright from charges of First Amendment overbreadth. This Article argues that although a case can be made that copyright is unconstitutionally vague, invalidation of all or any portion of the Copyright Act is unlikely and not constructive. Reforms undertaken specifically to cure copyright’s indeterminacy are not likely to be effective, either. However, a consideration of the vagueness doctrine’s collateral factors and how they apply to copyright suggests an appropriate reform of the law. For cases involving expressive use of copyrighted content, lawmakers should adopt a three-tiered system of civil infringement liability by which strict liability is preserved in cases brought for injunctive relief only, while suits for statutory and actual damages require proof of willful and negligent infringement, respectively.

The Etiology of Individual‐Targeted Intolerance: Group Stereotypes and Judgments of Individual Group Members

Virtually all scientific writing on attitudes toward political unorthodoxy in the United States focuses on group‐targeted tolerance, or the question of whether Americans are willing to extend constitutional rights and freedoms to groups outside the political mainstream. Less is known about the etiology of individual‐targeted tolerance, or the question of whether Americans are willing to tolerate the exercise of constitutional rights and freedoms by individuals who belong to unpopular groups. This paper examines the sources of attitudes toward individuals belonging to disliked and stereotyped political groups—in particular, the extent to which political tolerance judgments about gay and racist targets are influenced by attributes of those targets that are either consistent or inconsistent with group stereotypes. In line with expectations, an empirical analysis showed that individuals exhibiting attributes inconsistent with their group's stereotype (whether neutral with respect to stereotypic beliefs or directly challenging them) are tolerated more than those with stereotype‐consistent attributes. Because members of political outgroups can control the timing of disclosing their group membership, they have the power to determine whether and to what extent stereotypic beliefs associated with their group will influence the reactions they provoke. This analysis confirms that the impact of stereotypic beliefs on tolerance varies as a function of timing of group membership revelation, although the direction of this interaction depends on the intensity of dislike for the group of which the individual target is a member.