For forty years, the United States has lived with a variety of government programs applying preferential treatment based on race or gender or both. These programs have generally been limited to education and public contracting. Recently, in a 2-1 decision, a panel of the Ninth Circuit Court of Appeals handed down a decision which may provide a foundation for applying preferential treatment to freedom of speech. If allowed to stand, the decision could authorize local governments to set varying limits to free expression, depending on the race, religion, or sexual orientation of the listener. Preferential treatment has proved one of...