Isn't this situation analogous to Rust? The government "subsidizes" the
speech it prefers, in Rust by paying the speaker only to convey its
approved messages, here by awarding academic credit only for its
approved activities. Whether it's right or wrong to consider religious
service community service, the government, at least under Rust, gets to
make that choice, no? Rust did also say that the university is a
"traditional sphere of free expression so fundamental . . . that the
Government's ability to control speech within that sphere by means of
conditions attached to the expenditure of Government funds is restricted
by the vagueness and overbreadth doctrines", but it's not clear how that
proviso would apply here.
>>> [EMAIL PROTECTED] 11/10/2004 5:25:16 PM >>>
Well, it does come back to the disagreement, but it highlights yet
another problem with the "OK to discriminate against religion" school.
Such discrimination often involves the government saying that some
viewpoints -- religious ones -- are not a "community service," while
other viewpoints -- secular political ones -- are. It seems to me to
be
an impermissible judgment for the government to make, as to student
speech. Perhaps there should be some more protection for religious
speakers than just nondiscrimination (though I'm skeptical about
that).
But surely there should be at least that protection.
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar
Sent: Wednesday, November 10, 2004 2:06 PM
To: Law & Religion issues for Law Academics
Subject: Re: UW Service requirement
Comes back to the disagreement mentioned by someone else earlier --
religion is a special case in all respects. Non-discrimination is not
sufficient.
On Wednesday, November 10, 2004, at 04:06 PM, Volokh, Eugene wrote:
Hmm; can a university really say that converting people to a
belief
about gun control, or animal rights, or environmentalism is a
"community
service," but a belief about following some religious moral code, and
some religious route to salvation is not? Is the government entitled
to
value persuasion to some such viewpoints more than persuasion to other
such viewpoints?
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar
Sent: Wednesday, November 10, 2004 1:01 PM
To: Law & Religion issues for Law Academics
Subject: Re: UW Service requirement
Well, one might be a community service and the other not. Providing a
forum for and presentation of political discussion and viewpoints is
not
the same as doing that for a particular religion.
Steve
On Wednesday, November 10, 2004, at 03:41 PM, Volokh, Eugene wrote:
Seems to me hard to see how a university can give "community
service" credit for student speech advocating controversial political
viewpoints (presumably viewpoints of the student's own choice), but
deny
credit for student speech advocating controversial religious
viewpoints.
I recognize that the university might take the view that persuading
people to support gun control is a community service, but persuading
people to accept Jesus is not -- but I don't think it can discriminate
among student causes based on that viewpoint.
Eugene
--
Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8428
2900 Van Ness Street NW mailto:[EMAIL PROTECTED]
Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar
Lay not up for yourselves treasures upon earth, where moth and rust
doth
corrupt, and where thieves break through and steal; but lay up for
yourselves treasures in heaven, where neither moth nor rust doth
corrupt, and where thieves do not break through nor steal. For where
your treasure is, there will your heart be also.
Matthew 6:19-21
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Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8567
2900 Van Ness Street NW mailto:[EMAIL PROTECTED]
Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar/
"There are obviously two educations. One should teach us how to make a
living and the other how to live."
James Truslow Adams
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