...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu]
On Behalf Of Scarberry, Mark [mark.scarbe...@pepperdine.edu]
Sent: Monday, May 10, 2010 3:21 PM
To: Law Religion issues for Law Academics
Subject: RE: Factual Clarification re CLS
Alan’s question is (as always) a fair one.
I’d say that the government’s
Alan writes:
Mark's response suggests
that the forum Hastings created was more of a designated limited public
forum than a designated public forum. It has parameters designed to
serve a particular purpose -- to
promote a diversity of viewpoint among groups for the benefit of the
entire
Rick Duncan writes: Consider this alternative description: Hastings is
attempting to create a designated limited public forum for all student groups
that are willing to waive their right to expressive association by being open
to include all comers as members, including those who would detract
: Factual Clarification re CLS
Rick Duncan writes: Consider this alternative description: Hastings is
attempting to create a designated limited public forum for all student groups
that are willing to waive their right to expressive association by being open
to include all comers as members
How fragile is the public forum protections of cases like Widmar, Lamb's
Chapel, and Good News? Let me re-phrase one of Eugene's hypos:
A [public library with unused meeting rooms] is attempting to create a
designated public forum for all [community groups] that decline to discriminate
in
In a society committed to non-discrimination and equality, the
government should not be required to subsidize hate groups and groups
that exclude other on prohibited bases.
There are plenty of private places to meet.
And if the society wants to change the policy, it can do so -- unless
it
Clarification re CLS
Rick Duncan writes: Consider this alternative description: Hastings is
attempting to create a designated limited public forum for all student groups
that are willing to waive their right to expressive association by being open
to include all comers as members, including
I appreciate Alan's very helpful post particularly his concern about speech
distortion.
I have a question for him and others.
Should severe restrictions on freedom of expressive association best be viewed
as
a kind of viewpoint restriction? If groups speak through their leaders, and if
Of Rick Duncan
Sent: Tuesday, May 11, 2010 7:41 AM
To: Law Religion issues for Law Academics
Subject: RE: Factual Clarification re CLS
How fragile is the public forum protections of cases like Widmar, Lamb's
Chapel, and Good News? Let me re-phrase one of Eugene's hypos:
A [public library with unused
Lisa -- how do you distinguish between allowing CLS and hate groups to
meet? Or does it not matter to you?
As a policy matter I think groups should be able to discriminate on
belief and still get access -- but then what about a belief that is
based on race? Or sex?
We are talking about
I'm not sure my understanding of the CLS policy agrees 100% with Doug's.
Whether or not you call it a disparate impact, I believe there is what groups
like Lambda have been litigating as an insurmountable obstacle faced by
same-sex couples that different-sex couples don't face. My
Douglas Laycock is certainly correct that CLS' statement of belief also calls
for heterosexual students to refrain from sex outside of marriage, but I am not
sure that does much work in resolving the tension between the desire to
prohibit discrimination based on a status that is tied to at
Interestingly, Hastings takes the position that the policy it is
enforcing against the CLS is not a sexual orientation policy, but an
all comers policy, a policy that forbids any group from discriminating
against any person who wishes to be a member. Under this policy, an
NAACP student group
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Rick Duncan
Sent: Monday, May 10, 2010 11:47 AM
To: Law Religion issues for Law Academics
Subject: RE: Factual Clarification re CLS
Interestingly, Hastings takes the position that the policy it is
enforcing against the CLS is not a sexual
(on behalf of Rick Duncan
nebraskalawp...@yahoo.com)
Subject: RE: Factual Clarification re CLS
To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Interestingly, Hastings takes the position that the
policy it is enforcing against the CLS is not a
sexual
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ira (Chip) Lupu
Sent: Monday, May 10, 2010 4:41 PM
To: Law Religion issues for Law Academics
Subject: RE: Factual Clarification re CLS
This concern about associations getting taken over by hostile forces is
completely ungrounded -- it never happens
://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=181272#reg
Original message
Date: Mon, 10 May 2010 16:49:55 -0400
From: religionlaw-boun...@lists.ucla.edu (on behalf of Marc Stern
mst...@ajcongress.org)
Subject: RE: Factual Clarification re CLS
To: Law Religion issues for Law Academics
...@yahoo.com)
Subject: RE: Factual Clarification re CLS
To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Interestingly, Hastings takes the position that the
policy it is enforcing against the CLS is not a
sexual orientation policy, but an all comers
Apparently the Scientologists tried twice; two reported cases seem to fit
Marc's description:
Hart v. Cult Awareness Network, 13 Cal.App.4th 777, 16 Cal.Rptr.2d 705
(Cal.App. 2 Dist. 1993)
Clegg v. Cult Awareness Network, 18 F.3d 752 (9th Cir. 1994)
The cases didn't arise on a college campus.
Ira Lupu writes:
In a law school, there is certainly a rational basis for coming down on
the side of non-exclusivity as a condition of access to the forum and its
privileges -- among other things, all-comers increases the likelihood of
dynamic exchange of views, something a law school may
Perhaps democrats will not attempt to take control of the Young Republicans.
But I think there is a good chance that socially liberal Christians may take
control of a conservative Christian group that can't protect its doctrinal
beliefs through its membership policy.
By the way, it is clear
, May 10, 2010 4:07 PM
To: religionlaw@lists.ucla.edu
Subject: Re: Factual Clarification re CLS
I think Rick misreads Justice Breyer's comments. He was playing Michael,
saying, tongue-in-cheek, that it would be fantastical that there would be
this open exchange between opposing views on a law
Sent: Monday, May 10, 2010 2:42 PM
To: icl...@law.gwu.edu; religionlaw@lists.ucla.edu
Subject: Re: Factual Clarification re CLS
Ira Lupu writes:
In a law school, there is certainly a rational basis for coming down on the
side of non-exclusivity as a condition of access to the forum and its
In a message dated 5/10/10 6:01:48 PM, aebrownst...@ucdavis.edu writes:
why wouldn’t those associational freedom rights also extend to deciding
to who may attend meetings and participate in discussions?
I think the associational claim might well extend to those activities.
But mightn't
message
Date: Mon, 10 May 2010 14:45:10 -0700 (PDT)
From: religionlaw-boun...@lists.ucla.edu (on behalf of Rick Duncan
nebraskalawp...@yahoo.com)
Subject: RE: Factual Clarification re CLS
To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Perhaps democrats
Zone series was on.
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Brownstein,
Alan
Sent: Monday, May 10, 2010 3:01 PM
To: Law Religion issues for Law Academics
Subject: RE: Factual Clarification re CLS
I understand that the facts of CLS v
May 2010 15:28:12 -0700 (PDT)
From: religionlaw-boun...@lists.ucla.edu (on behalf of Rick Duncan
nebraskalawp...@yahoo.com)
Subject: RE: Factual Clarification re CLS
To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Alan asks a great question
Original message
Date: Mon, 10 May 2010 14:45:10 -0700 (PDT)
From: religionlaw-boun...@lists.ucla.edu (on behalf of Rick
Duncannebraskalawp...@yahoo.com)
Subject: RE: Factual Clarification re CLS
To: Law Religion issues for Law Academicsreligionlaw@lists.ucla.edu
Perhaps
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
29 matches
Mail list logo
