I agree with Doug that unlike political issues, "we don't need to vote to
determine what religion we are."
But much govt speech is not about political issues and elections. A lot of
government speech "endorsing" religion has to do with govt recognizing
religious holidays and recognizing religi
>From the Pew Forum on Religion & Public Life
The Political Obligations of Catholics: A Conversation With the Most Rev.
Charles Chaput, Archbishop of Denver
http://pewforum.org/events/?EventID=213
Thought this might be of interest here
Brad___
To pos
Parks, streets and sidewalks have never been seen as forums for
placement of permanent monuments by anyone who wished to do so. Now, if
the city prohibited you from holding an anti-Ten-Commandments-monument
rally in the park, next to the Ten Commandments monument, we'd have more
to talk about.
Mar
I'm late to the discussion, but the opinion left me wondering what every
happened to "parks, streets and sidewalks" as the historic fora for free speech
under the First Amendment? Can the government simply eliminate a park from
traditional public space for speech by the expedient of claiming th
Actually, I raised Rick's question in class today. Not with respect to Summum,
which we haven't gotten to yet, but with respect to the difference between the
remedy in Barnette and the remedy in Engel and Schempp. Students pretty
quickly decided that government couldn't govern if it couldn't
I don't agree than the no endorsement rule is a structural rule rather
than a liberty protecting rule. Justice O'Connor elaborated a liberty
interest that lies behind the no endorsement rule; it is the interest
of each citizen in being an equal member of the polity without regard
to religi
I appreciate Alan's many good points about the EC. Of course, we all discuss
all of these points when we cover the EC in our classes.
My post about Alito's opinion in Summam--in which he describes the government's
ability to choose its own message and its own viewpoints as essential to the
cond
Just a few quick points.
1. There is nothing in Justice Alito's comments that limit his remarks about
government speech to "passive" government speech. Government can say what it
wants to say actively or passively. If government has unlimited discretion in
communicating its own messages and tha
Here are some thoughts of mine I am sharing today with the students in my Con
law Seminar in which one of the students is presenting today on Summam:
I was re-reading Summum this morning, because Mark is going to give his
presentation on the case this afternoon. And here is something that
struck
