Here is the video of the arrest.
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) --- On Thu, 5/13/10, hamilto...@aol.com <hamilto...@aol.com> wrote: From: hamilto...@aol.com <hamilto...@aol.com> Subject: Re: A real-life on-campus example To: religionlaw@lists.ucla.edu Date: Thursday, May 13, 2010, 11:04 AM Rick-- This strikes me as your desired interpretation of the law, not the law as it stands. and it does not reflect the case. Yours and CLS's reasoning leads to an absolutely absurd result. When we have a court telling a university or law school that it cannot require all school-supported groups to include all students (if any student desires), as part of a mission to create open dialogue, then we might as well hand in our tenure and the academic freedom attached to it. As I said at the start, CLS's position is deeply anti-intellectual and requires one to buy into a Balkanized view of the universe. Years ago, I taught a seminar in Budapest with students from the Balkans. They described the disintegration of a shared culture this way. "It used to be that when you got on the subway or the train, everyone was a fellow citizen, not a Jew or a Christian or a Muslim. Everyone shared some common ground and people were polite to each other regardless. Then, the disintegration started and people became very conscious of the religious identity of the person across the aisle and seated next to them. Once that crept into the mindset, you became very uncomfortable seated next to someone of a different religion, you distrusted other believers automatically, as part of the culture." I will never forget their sense of loss or their sincerity. I think CLS's position (as well as Wide Awake's position in Rosenberger) as being a step in that direction. In this era, we need far more effort to find common ground and ways for different believers to speak to each other. Exclusion in the academic context, where there is supposed to be wide-ranging, challenging discourse, seems precisely the wrong move. Marci -----Original Message----- From: Rick Duncan <nebraskalawp...@yahoo.com> To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu> Sent: Thu, May 13, 2010 12:51 pm Subject: RE: A real-life on-campus example Chip, the problem with the all comers policy, even if applied across the board, is that it entirely destroys the ability of student expressive groups to organize around a set of beliefs and viewpoints. It is not viewpoint discriminatory (if applied to all), but it destroys all attempts to organize on the basis of viewpoint and belief. It is like a rule that says no one can engage in speech on public sidewalks. Such a rule completely eliminates free speech in a public forum, even though it doesn't discriminate on the basis of viewpoint. If CLS and all other student expressive groups have a right of expressive association concerning their membership policies, Hastings violates that First Amendment right by demanding that it be waived as a condition of access to a limited public forum. Such an unconstitutional condition is also an unreasonable restriction in light of the purpose of the forum (which is to create a marketplace of ideas for student group expression). Rick 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) _______________________________________________ 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. -----Inline Attachment Follows----- _______________________________________________ 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.
