California S.C. Hears Arguments on the Friends Sexual Harassment Case:

An interesting report on the arguments yesterady from the N.Y. Sun. My take on the case can be found here. In short,

if the Lyle opinion is allowed to stand, any Californian whose job involves dealing with controversial matters that raise issues potentially offensive to some people — AIDS education, abortion counseling (pro or con), civil rights and affirmative action, and much more — will be at risk of a harassment lawsuit. The only out provided for defendants by the California Court of Appeals is to prove that any "offensive" comments are made "within 'the scope of necessary job performance,'" a determination that, as UCLA law professor Eugene Volokh notes, will necessarily involve vague and subjective perceptions of what speech is "necessary" to any particular job.