Marci says: "It is not majoritarian but rather the marketplace. Expressive
association is a new right with little justification in history and I am
beginning to think a large step toward government sponsored
Balkanization
Does the government have an obligation to make sure
dwindling religions remain viable. I would say absolutely not. But
apparently Mark would disagree?"
Expressive association lies at the heart of freedom of speech and freedom of
belief.
It is not designed to protect "dwindling religions" from extinction.
Christianity thrives in the catacombs. The CLS will survive attempts by
Hastings to drive it off campus.
The purpose of expressive association is to prevent govt from watering down or
distorting the expressive beliefs of groups organized for the purpose of
expressing those beliefs.
Quite frankly, these attacks on the CLS on campus are driven by a kind of
fundamentalism that has captured much, but not all, of academia. There is an
established truth about human sexuality on campus, and any group that rejects
that established dogma must be driven out of the on-campus marketplace of ideas.
What is it about that established "truth" that leads people who normally praise
"open-mindedness" to be so close-minded as to want to eradicate ideas that
challenge it in the marketplace of ideas.
I say let CLS and Outlaw meet on campus and let the marketplace of ideas decide
which version of the truth is the true truth.
Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"And against the constitution I have never raised a storm,It's the scoundrels
who've corrupted it that I want to reform" --Dick Gaughan (from the song,
Thomas Muir of Huntershill)
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