While I agree with Rick's analysis, I would also point out that if the
organization wants a closed meeting, it does not have to occur on the
university campus. It can find a local church, a dorm room, or some
other similar location.
Lisa
On 5/10/2010 3:28 PM, Rick Duncan wrote:
Alan asks a great question:
"I understand that the facts of CLS v. Martinez case are limited to
voting membership and eligibility for leadership positions. But if the
foundation of the CLS claim is that it is being required to sacrifice
its freedom of association rights to obtain access to a designated
public forum, why wouldn’t those associational freedom rights also
extend to deciding to who may attend meetings and participate in
discussions?
Just asking."
I think the essence of expressive association is that an expressive
group speaks through its leaders, and leaders are elected by voting
members.
Hastings has created a limited public forum for the express purpose of
creating a diverse marketplace of ideas. Even if the all comers policy
is viewpoint neutral, Hastings reason for excluding a student group
from its forum must be reasonable in light of the purpose of the
forum. This policy is not reasonable in light of the purpose of the
forum; it is destructive of a marketplace of ideas, of a forum in
which groups with diverse beliefs come together to debate and express
very different views about the good life and what is true, what is
good, and what is beautiful.
If all groups must allow everyone and anyone to participate in the
formation of its beliefs, there will be no diversity of ideas in the
marketplace. Just a lot of watered down, least common denominators of
expression.
Rick
Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
--
Lisa A. Runquist
Runquist& Associates
Attorneys at Law
17554 Community Street
Northridge, CA 91325
(818)609-7761
(818)609-7794 (fax)
l...@runquist.com
http://www.runquist.com
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