Fascinating discussion. I have several questions the answers to which might help me see the context.
Questions 1 and 2. If a university's concern is whether an incoming student is prepared for advanced calculus, or biology 101, or whatever, doesn't it rely on the Advanced Placement tests? Unless the university finds that too few students do well enough on those tests, what difference does it make how the student prepares or what book is used when the ultimate measure is the result of the AP test in that subject? Questions 3 and 4. For incoming students who do not take an AP test in a subject, are there comparable tests? If not, cannot the University administer one or have one administered on its behalf? Question 5 (getting to the point). If the AP test for, say biology, grades as correct responses that reject intelligent design (or some variation or similar approach) and grades as incorrect responses to the contrary, then is there a 1A issue when a state or state-supported university relies on such a test and its grading system? Question 6 (followup). Does anyone know if any of the AP tests (or the SAT or ACT for that matter) make distinctions based on issues that have religious flavor? Jim Maule Villanova University School of Law >>> [EMAIL PROTECTED] 8/28/2005 9:03:55 AM >>> Hmmm. These additional facts help. Thanks, Jim. Certainly, a state University is entitled to a great deal of deference in its admissions decisions. But the Free Speech Clause also contains a strong presumption against viewpoint suppression, and the letters Jim quotes sound like the U is admitting that it is engaged in such suppression. Moreover, it also appears that the U is targeting theologically conservative Christian schools for discrimination, again based upon the Christian perspective of the textbooks used. The burden on Fr Ex is great unlike in Davey (denial of admission to a tax-funded State U). There may even be EC problems with the U entangling itself in the curriculum of religious schools to this extent. This is a very interesting 1A case. Discovery will be interesting--I wonder if the emails posted among the powers that be at UC will reveal that the policy is not as much about academic rigor as suppression of unpopular ideas and religious animus? If the question was is this a serious 1A case, the answer is yes. I know the ACLJ will stand up for freedom of speech and thought. Where will the ACLU be in this one? Rick Duncan Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 "When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle "I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner __________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
