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Joel L. Sogol 811 21st Ave. Tuscaloosa, ALabama 35401 ph (205) 345-0966 fx (205) 345-0971 email: [EMAIL PROTECTED] Ben Franklin observed that truth wins a fair fight - which is why we have evidence rules in U.S. courts. -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar Sent: Thursday, November 01, 2007 11:22 AM To: Law & Religion issues for Law Academics Subject: Re: Anti-gay church verdict Could we not ban ALL demonstrations at funerals of private people? That would be content neutral. And we can ban the greater, can we not also ban the lesser? (And you know I hate referencing a Scalian argument!) Steve On 11/1/07, Conkle, Daniel O. <[EMAIL PROTECTED]> wrote: > > > Isn't this analogous to Frisby, approving a ban on targeted picketing as > "content-neutral" even though the "privacy" interest being protected in > Frisby was, in reality, linked in substantial part to protecting homeowners' > from being offended by the content of picketers' speech? In Frisby, the > Court cited Kovacs (yes, a regulation of loudspeaker noise indeed is > content-neutral) but also Pacifica, which plainly turned on content. See > also Madsen and the other, more recent anti-abortion picketing cases, also > finding prohibitions "content-neutral" when, in reality, a good part of the > harm being averted by the laws or injunctions in reality depended on > content. > > So, yes, the interest and harm in this case in reality are linked in > substantial part to content, albeit content in the particularly offensive > context of a funeral, but I can well imagine the reasoning of Frisby and the > anti-abortion picketing cases being extended to support a "content-neutral" > conclusion. > > > Dan Conkle > ******************************************* > Daniel O. Conkle > Robert H. McKinney Professor of Law > Indiana University School of Law > Bloomington, Indiana 47405 > (812) 855-4331 > fax (812) 855-0555 > e-mail [EMAIL PROTECTED] > ******************************************* > -- Prof. Steven Jamar Howard University School of Law _______________________________________________ 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. _______________________________________________ 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.
