Well, the Free Speech Clause precedent is Rosenberger; but I
realize you asked about the Free Speech Clause theory. Rosenberger's
answer, which isn't bulletproof but which seems persuasive enough, is
that banning religious speech but allowing secular ideological speech
bars a certain class of viewpoints on various subjects; one can express
secular viewpoints about abortion but not religious ones, for instance.
Perhaps the same should be said of partisan political speech,
and Lehman v. City of Shaker Heights and Taxation With Representation v.
Regan (as explicated by Rosenberger) are therefore wrong. But in any
event, the Court's view is that whatever the status of discrimination
against partisan political speech and in favor of other ideological
speech, discrimination against religious speech and in favor of most
other ideological speech is viewpoint discrimination.
> -----Original Message-----
> From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
> Sent: Tuesday, November 08, 2005 3:24 PM
> To: Law & Religion issues for Law Academics; Law & Religion
> issues for Law Academics
> Cc: Volokh, Eugene
> Subject: RE: Bible study ban for RA's in UW-Eau Claire dorms
>
>
> Eugene: What's the Free Speech Clause theory for why the
> state may not treat partisan political speech and religious
> speech in exactly the same manner?
>
>
> > _______________________________________________
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