I still don't get Marty's discrimination argument. These pamphleteers
are not excluding anyone (they'd probably be happy to give the
pamphlet to anyone who wanted it). They're just choosing an
audience. What if a group of evangelical Christian teens at a public
school decided to pick five Jewish students that each knew best,
invite the Jewish acquaintance(s) to a conversation in the hall, and
then say something like "I like you and you're my friend, so I'd hate
to see you burn in hell for failure to accept Jesus. Will you please
come to church with me on Sunday so you can learn more about
this?" Unless this sort of proselytizing takes the form of persistent
and unwanted attention, amounting to interference with the freedom
of movement or educational pursuits of others, I do not understand
the basis for suppressing it. Arguments for gay and lesbian rights
may be just as threatening to deep structures of identity as
arguments to convert to evangelical Christianity; may the school ban
gay rights pamphlets, targeted at members of churches that preach
against homosexuality?
Vegans, by the way, can be quite aggressive in their proselytizing
efforts -- or have you never seen or heard a vegan-led protest about
fur coats or eating the flesh of animals raised under inhumane
conditions? There is indeed an attempt at "moral intimidation" in
these protests, and it should be stalwartly defended. The remedy in
these situations, as Brandeis said, is counterspeech, not enforced
silence.
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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