While speech is involved in the classroom, career preparation is more involved
than just speech. The state is not simply handing out funds for the sheer joy
of learning or enriching discourse. The state funding of ministers or rabbis
for that matter is a direct and knowing benefit to religious institutions.
That is different from the abstract treatment of learning as nothing but a
discourse of speech.
Marci
------Original Message------
From: Volokh, Eugene
Sender: religionlaw-boun...@lists.ucla.edu
To: Law & Religion issues for Law Academics
ReplyTo: Law & Religion issues for Law Academics
Sent: May 4, 2009 7:41 PM
Subject: RE: Bowman v. U.S.
What exactly is it about government-funded education directed at
future careers that keeps it from being "pure speech"? It presumably
wouldn't just be the government funding, since that was at issue in
Rosenberger as well. I take it the theory must be that "education" is
somehow more than just "pure speech," in constitutionally significant
ways. But why, especially when we're talking about education that
basically just involves talking, rather than science labs, football
games, and the like?
Marci Hamilton writes:
> In any event, this is not pure speech -- it is government funding
education directed
> at future careers.
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