In answering the many good questions that have been raised in this
discussion, wouldn't it be helpful to know the precise content of the
pamphlets? Can Mark Stern help us in this regard? Surely one
cannot say that proselytizing pamphlets are per se "threatening" or
"intimidating". My own view is that, if the school allows
pamphletting in class (it doesn't have to), then this attempt to
persuade is presumptively as protected as an attempt to persuade
students to work for John Kerry or to become vegans.
And does it really make sense to say that all students must be
targeted if any are to be targeted? That just seems like a way to
drive up the cost of speech. (Are Jewish students really going to
feel better about this campaign if the pamphlets are placed on
everyone's desk?)
Chip Lupu
Ira C. ("Chip") Lupu
F. Elwood & Eleanor Davis Professor of Law
The George Washington University Law School
2000 H St., NW
Washington D.C 20052
(202) 994-7053
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