Re: FYI: An Interesting "See You at the Pole" Case

2005-11-07 Thread JMHACLJ
In a message dated 11/6/2005 8:39:06 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Proselytizing, as Mike McConnell argued brilliantly in Rosenberger, is just a dirty word for persuasion, and persuasion is at the heart of the Free Speech Clause. Christian students have as much

Re: non-disruptive speech ?

2005-11-07 Thread JMHACLJ
In a message dated 11/6/2005 9:17:31 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: So let’s understand – the next kid that tells my 7 year old that we are going to hell, which whether Rick agrees or not is always where that conversation goes, is going to get a basic understand

Re: non-disruptive speech ?

2005-11-07 Thread JMHACLJ
In a message dated 11/6/2005 12:40:27 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: While it may not be acceptable at school, it seems to me it is based, in some part, on the notion of fighting words, which is recognized in Free Speech jurisprudence (admittedly in the context

Re: non-disruptive speech ?

2005-11-07 Thread Steven Jamar
I have a black belt in the game of go.  Does that count?  :)SteveOn Nov 7, 2005, at 8:33 AM, [EMAIL PROTECTED] wrote: In a message dated 11/6/2005 9:17:31 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: So let’s understand – the next kid that tells my 7 year old that we are going to hell,

Re: non-disruptive speech ?

2005-11-07 Thread FRAP428
In a message dated 11/7/05 8:48:51 AM Eastern Standard Time, [EMAIL PROTECTED] writes: but it doesn't change that Free Speech Doctrine so that words suddenly rise to the level of fighting words because select, fragilely constructed individuals, act as though words are likely to provoke an immediat

Re: non-disruptive speech ?

2005-11-07 Thread Rick Duncan
In terms of what constitutes disruptive speech, I think there is a significant difference between oral speech outside of class (in the school yard before school, in the halls between classes, at recess, at lunch, etc) and expressive t-shirts worn in class. A Confederate t-shirt worn in the classroo

RE: Procedural Question on Intelligent Design Case

2005-11-07 Thread James Maule
Ed, thanks for confirming my (where did I get them?) instincts. No decision yet. Jim >>> [EMAIL PROTECTED] 11/4/2005 11:42:35 PM >>> >-Original Message- >From: [EMAIL PROTECTED] >[mailto:[EMAIL PROTECTED] On Behalf Of James Maule >Sent: Friday, November 04, 2005 10:29 PM >To: religionlaw

Re: Procedural Question on Intelligent Design Case

2005-11-07 Thread Ed Brayton
James Maule wrote: Ed, thanks for confirming my (where did I get them?) instincts. No decision yet. Judge Jones indicated that he'd like to have a ruling done by the end of the year, which for the attorneys is a bit rushed. They have to file closing briefs in two weeks, then revisions and r

IRS Enforcement Threat for Political Speech by Pastor

2005-11-07 Thread Douglas Laycock
Title: Message     The press is reporting an IRS letter to a church whose pastor gave an anti-war sermon on October 31, 2004.  Link below.  Does anybody know of reports of similar letters to churches that were supporting the President's campaign?     http://www.latimes.com/news/local/la-me-a

RE: IRS Enforcement Threat for Political Speech by Pastor

2005-11-07 Thread Volokh, Eugene
Title: Message     Does anyone know where one can find the text of the letter?  (Better yet would be to also find the text of the sermon, though I'm not sure whether that's available.) -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Douglas

RE: FYI: An Interesting "See You at the Pole" Case

2005-11-07 Thread Newsom Michael
He doesn’t need to be told that none of the foregoing is tantamount to the liturgy, whereas under EAA evangelical Protestants can have in-school prayer services that strongly resemble their Sunday services.  Catholics can’t do that.   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECT

RE: FYI: An Interesting "See You at the Pole" Case

2005-11-07 Thread Volokh, Eugene
Is that really the view that Catholics take, or should take? "We aren't going to conduct masses in school. Therefore, we will oppose the Equal Access Act. Never mind that it helps other religions, including other Christians, conduct their services, and worship God as they think is right. Never

Text of Sermon

2005-11-07 Thread Douglas Laycock
Title: Message     This is supposed to be the text of the sermon, although I have had trouble making the link work.  I'm sending it on anyway, because the problem may be in my e-mail program and not in the link.     http://www.allsaints-pas.org/archives/sermons/(10-31-04)%20If%20Jesus%20Deba

RE: Social Notes from All Over

2005-11-07 Thread Newsom Michael
This may be off topic, but what makes the invitees the “finest” people?   From: Sanford Levinson [mailto:[EMAIL PROTECTED] On Behalf Of Sanford Levinson Sent: Saturday, November 05, 2005 1:41 AM To: Law & Religion issues for Law Academics Subject: RE: Social Notes from All Over

RE: Social Notes from All Over

2005-11-07 Thread Sanford Levinson
I was engaging in poetic license! sandy -Original Message- From: [EMAIL PROTECTED] on behalf of Newsom Michael Sent: Mon 11/7/2005 2:31 PM To: Law & Religion issues for Law Academics Subject: RE: Social Notes from All Over This may be off topic, but what makes the invitees the "finest"

RE: 500 years

2005-11-07 Thread Newsom Michael
What's a "scare quote?" What does anything below have to do with the tough and hard theological questions, especially those that concern the church-sacrament system? And what does anything below have to do with the problem at the center of the anecdote, namely, if evangelical Protestant teaching

RE: FYI: An Interesting "See You at the Pole" Case

2005-11-07 Thread Alan Brownstein
I have been out of town so I apologize for inserting myself into the middle of this thread.   It seems to me that Rick’s analogy is clearly wrong – and perhaps the reasons it is wrong can help explain some of the differences in perspective on the list.   I would not be offended if I was

ADL SAYS BIBLE TEACHING GUIDE FOR PUBLIC SCHOOLS "UNACCEPTABLE"

2005-11-07 Thread Joel
    FOR IMMEDIATE RELEASE     Contact:  Myrna Shinbaum (212) 885-7747     Todd Gutnick (212) 885-7755   ADL SAYS BIBLE TEACHING GUIDE FOR PUBLIC SCHOOLS "UNACCEPTABLE"   New Yor

RE: Alito Views SCOTUS Doctrine as Giving Impression of Hostilityto Religious Expression

2005-11-07 Thread Alan Brownstein
If we may, Tom, Let's move away from what Alito may or may not have said about Santa Fe and focus on C.H. v. Oliva -- where we know exactly what he said. Suppose in a first or second grade class, children drew pictures with descriptions to be hung on the wall of the classroom. The class was overwh

RE: 500 years

2005-11-07 Thread Douglas Laycock
The question below is one that Pius IX might have asked. Probably did. My understanding is that John Courtney Murray gave the Catholic version of the answer, and that his answer was largely adopted at the Second Vatican Council. The centuries long conflict arising out of the Refor

RE: non-disruptive speech ?

2005-11-07 Thread Newsom Michael
Title: Message Let’s put this in context.  There are only certain religious groups that are attempting to convert other people.  That matters.  The reality is a dynamic of persistence and resistance.   From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Sunday, November 06, 2005

Re: 500 years

2005-11-07 Thread Robert O'Brien
Gramatical use provides quotation marks to identify a quoted term, a phrase, a sentence, or a longer passage. However, the quotation marks are use to identify a term in an unnatural use of a term. "Either of a pair of quotation marks used to emphasize a word or phrase or to indicate its speci

RE: non-disruptive speech ?

2005-11-07 Thread Volokh, Eugene
Well, Catholics, as I understand it, are still trying to convert people in the Third World; am I mistaken on that? Many atheists are trying to convert people, in the sense of trying to persuade people to reject religion. More broadly, that only some groups choose to exercise their free sp

RE: 500 years

2005-11-07 Thread Volokh, Eugene
Say that we asked, "if liberal teaching undermines conservative beliefs, then why should conservatives encourage such teaching," and the "encourage[ment]" was equal access to fora that are open to many other speakers (recall that the issue has to do with religious speech in schools where ot

RE: 500 years

2005-11-07 Thread Newsom Michael
Doug, could you refer to the documents of the Second Vatican Council that say that the Church should support facilitation of the teaching or presentation in the public schools of doctrine antithetical to the Catholic faith on the grounds that teaching any religion is better than teaching no religio

RE: non-disruptive speech ?

2005-11-07 Thread Newsom Michael
I thought that we were talking about the United States? I was. -Original Message- From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Monday, November 07, 2005 5:24 PM To: Law & Religion issues for Law Academics Subject: RE: non-disruptive speech ? Well, Catholics, as I understand

RE: 500 years

2005-11-07 Thread Volokh, Eugene
Since this is relevant to the question of whether Protestants are so unusual in proselytizing, I thought I'd take the liberty of asking a theological question: Don't Catholics hope that more non-Catholics become Catholics, and in fact take active steps to do so? If so, then I don't see why

RE: non-disruptive speech ?

2005-11-07 Thread Volokh, Eugene
We were, but I hadn't thought that Catholic theology distinguished the U.S. from the Third World. If it's proper for Catholics to spread their faith in Africa, I would have thought that it would be proper here, too. Are Catholics completely uninterested in converting others to Catholicism

RE: 500 years

2005-11-07 Thread Newsom Michael
1. A Catholic has lost his or her way, if not his or here senses, if he or she believes that acceptance of Jesus or objection to abortion is "deeper" than the liturgy. See The Catechism of the Catholic Church Part Two: The Celebration of the Christian Mystery, in particular paragraph 1068, quoting

Re: 500 years

2005-11-07 Thread Samuel V
I've been hesitant to jump in as this seems to drift a bit off topic, but given the invitation I'll add my perspective. I am a Catholic, and was educated in Catholic schools and have represented Catholic organizations for many years. But, I married a protestant and go to Sunday services and Bible

RE: 500 years

2005-11-07 Thread Douglas Laycock
Of course no document of Vatican II talks specifically about private religious speech in public schools. And if there were such a discussion, it would not be on the basis that some religion is better than no religion. The documents of Vatican II do defend freedom of conscience for

RE: 500 years

2005-11-07 Thread Newsom Michael
The Church's teachings on evangelization are clear up to a point. The Catechism, quoting Lumen gentium, I believe, calls on Catholics to "The proclamation of Christ by word and the testimony of life." See paragraph 905. That paragraph goes to say "This witness of life ... is not the sole element

RE: 500 years

2005-11-07 Thread Newsom Michael
Sam, I have not said that American Catholics feel threatened. Indeed, I think that they don't, and that may turn out to be detrimental to the Church. So on the question whether Catholics feel threatened, in point of fact, you and I agree. We may disagree on the consequences of not feeling threat

RE: 500 years

2005-11-07 Thread Newsom Michael
See my interlineations below (all in upper cae). -Original Message- From: Douglas Laycock [mailto:[EMAIL PROTECTED] Sent: Monday, November 07, 2005 6:49 PM To: Law & Religion issues for Law Academics Subject: RE: 500 years Of course no document of Vatican II talks specifically ab

Re: IRS Enforcement Threat for Political Speech by Pastor

2005-11-07 Thread JMHACLJ
In a message dated 11/7/2005 1:46:33 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: The press is reporting an IRS letter to a church whose pastor gave an anti-war sermon on October 31, 2004.  Link below.  Does anybody know of reports of similar letters to churches that were sup

Re: FYI: An Interesting "See You at the Pole" Case

2005-11-07 Thread JMHACLJ
In a message dated 11/7/2005 3:11:57 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Catholics can’t do that. If there is a weakness to the EAA, this is probably where it lies.    The Act disadvantages students forming religious clubs in ways that are different than other types of or

RE: FYI: An Interesting "See You at the Pole" Case

2005-11-07 Thread Douglas Laycock
Well, they can't have an outside leader under the Equal Access Act.  But after Good News Club v. Milford Central School, they can have an outside leader under the First Amendment if other clubs are permitted to have outside leaders.   They probably still can't have after-school mass, becau