RE: FYI: An Interesting "See You at the Pole" Case

[Volokh, Eugene]

Title: Message

That's too high a level of abstraction at which to cast the question -- too much turns on the sort of "burden" that you're discussing.  Certainly the majority (and the minority) bears the burden of, for instance, not discriminating based on religion in the government's actions with respect to individuals or institutions.  On the other hand both the majority and the minority bear the very different burden of having to deal with speech that offends them.   When the question relates to speech that conveys that offend some people, the First Amendment generally imposes on listeners the burden of having to deal with the offense, rather than letting the government impose on speakers the burden of having their speech restricted.   Eugene -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar Sent: Saturday, November 05, 2005 7:14 PM To: Law & Religion issues for Law Academics Subject: Re: FYI: An Interesting "See You at the Pole" Case Is the burden to be borne by those of the non-Christian minority or is there a burden on the hugely dominant Christian group to show tolerance and even acceptance and inclusion of non-Christians? Of course this is not fully an either/or situation, but I think the majority has an obligation toward the minority at least to the extent of not, so to speak, lording it over them. Indeed, I think this understanding of our polyglot country and the need to live with such a variety of people from so many backgrounds sits under much of the seeming chaos of the S.Ct.'s religious freedom jurisprudence. Steve --  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/ "I do not at all resent criticism, even when, for the sake of emphasis, it for a time parts company with reality." Winston Churchill, speech to the House of Commons, 1941

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