, 2010 2:20 PM
To: Law & Religion issues for Law Academics
Subject: RE: N.J. public transit employee fired for blasphemy
Another reason the racism line of cases may not apply is that race and religion
are different. Religious expression always involves an element of disagreement
with ot
From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu]
On Behalf Of Marty Lederman [lederman.ma...@gmail.com]
Sent: Friday, September 17, 2010 12:48 AM
To: Law & Religion issues for Law Academics
Subject: Re: N.J. public transit employee f
If I may offer a brief response to Eugene's initial question, which was not
about whether the state can *prohibit *such conduct, but instead whether a
public employer can discharge a public employee for conspicuously engaging
in such public conduct . . . . (Of course, if the conduct can be
prohibi
sts.ucla.edu on behalf of Volokh, Eugene
Sent: Thu 9/16/2010 4:18 PM
To: Law & Religion issues for Law Academics
Subject: RE: N.J. public transit employee fired for blasphemy
The trouble is that if we're worried about the well-being of the
tent, we need to know a bit more
The trouble is that if we’re worried about the well-being of the
tent, we need to know a bit more about the creature whose nose is coming in.
Is it a mouse? A camel? A horde of army ants? So far, in this thread – and,
if my memory serves me right, in the other threads where Pr
la.edu] *On Behalf Of *Steven Jamar
*Sent:* Thursday, September 16, 2010 12:24 PM
*To:* Law & Religion issues for Law Academics
*Cc:* religionlaw@lists.ucla.edu <mailto:religionlaw@lists.ucla.edu>
*Subject:* Re: N.J. public transit employee fired for blasphemy
This case is easy if one acce
or, to take a non-
random example, the costs of allowing truly awful and despicable
people to picket the funerals of soldiers).
Sandy
From: religionlaw-boun...@lists.ucla.edu >
To: religionlaw@lists.ucla.edu
Sent: Thu Sep 16 15:35:13 2010
Subject: Re: N.J. public transit employee fired fo
Art, I guess we should not make driving intoxicated illegal under your
theory. Or do you mean to suggest we don't go far enough already?
Many can play the absurdist game. From many sides.
Sent from Steve Jamar's iPhone
On Sep 16, 2010, at 4:35 PM, artspit...@aol.com wrote:
Sandy,
I agree.
@lists.ucla.edu [mailto:religionlaw-
boun...@lists.ucla.edu] On Behalf Of Steven Jamar
Sent: Thursday, September 16, 2010 12:24 PM
To: Law & Religion issues for Law Academics
Cc: religionlaw@lists.ucla.edu
Subject: Re: N.J. public transit employee fired for blasphemy
This case is easy
Academics
Cc: religionlaw@lists.ucla.edu
Subject: Re: N.J. public transit employee fired for blasphemy
This case is easy if one accepts the legitimacy of regulating and in some
instances curtailing hate speech.
I know Eugene does not.
Sent from Steve Jamar's iPhone
law-boun...@lists.ucla.edu
To: religionlaw@lists.ucla.edu
Sent: Thu Sep 16 15:35:13 2010
Subject: Re: N.J. public transit employee fired for blasphemy
Sandy,
I agree. I should have made my point more clearly, which is that many people
(like the poster to whom I was responding) seem ready to a
Sandy,
I agree. I should have made my point more clearly, which is that many
people (like the poster to whom I was responding) seem ready to abandon freedom
of speech, and other civil liberties, at the thought of "even one death,"
while even thousands of deaths don't cause them to consider pr
: Re: N.J. public transit employee fired for blasphemy
This case is easy if one accepts the legitimacy of regulating and in some
instances curtailing hate speech.
I know Eugene does not.
Sent from Steve Jamar's iPhone
___
To post, send message to Re
f Ira (Chip) Lupu [icl...@law.gwu.edu]
Sent: Thursday, September 16, 2010 3:41 PM
To: Law & Religion issues for Law Academics
Subject: RE: N.J. public transit employee fired for blasphemy
I'm surprised no one is talking about (speech) market failure. False cries of
fire in a crowded theate
_
From: religionlaw-boun...@lists.ucla.edu
To: religionlaw@lists.ucla.edu
Sent: Thu Sep 16 14:26:10 2010
Subject: Re: N.J. public transit employee fired for blasphemy
Many thousands of deaths predictably result from the consumption of alcohol by
persons who own motor vehicles. All bars and tave
181272#reg
Original message
>Date: Thu, 16 Sep 2010 12:33:00 -0700
>From: religionlaw-boun...@lists.ucla.edu (on behalf of "Brownstein, Alan"
>)
>Subject: RE: N.J. public transit employee fired for blasphemy
>To: Law & Religion issues for Law Academics
>
: Thursday, September 16, 2010 11:34 AM
To: Law & Religion issues for Law Academics
Subject: RE: N.J. public transit employee fired for blasphemy
The issue Alan raises has come up in the debate over "defamation of religions"
because many European countries have laws regarding incitement
du] On Behalf Of Brownstein, Alan
Sent: Thursday, September 16, 2010 10:25 AM
To: Law & Religion issues for Law Academics
Subject: RE: N.J. public transit employee fired for blasphemy
While I believe that desecrating sacred objects is protected speech,
I'm not sure that I'm persuade
Many thousands of deaths predictably result from the consumption of alcohol
by persons who own motor vehicles. All bars and taverns should therefore
be closed forthwith.
Art Spitzer
In a message dated 9/16/10 3:07:59 PM, mfailin...@gw.hamline.edu writes:
> I am not sure I would not stop the
Behalf Of Brownstein, Alan
> Sent: Thursday, September 16, 2010 10:25 AM
> To: Law & Religion issues for Law Academics
> Subject: RE: N.J. public transit employee fired for blasphemy
>
> While I believe that desecrating sacred objects is protected speech,
> I'm not sure
ans will die" comment to
be a plausible "argument" of constititional law should be hesitant
to censure Breyer.
Sandy
From: religionlaw-boun...@lists.ucla.edu >
To: Law & Religion issues for Law Academics >
Sent: Thu Sep 16 11:55:58 2010
Subject: Re: N.J. pu
"Americans will die" comment to be a plausible
"argument" of constititional law should be hesitant to censure Breyer.
Sandy
From: religionlaw-boun...@lists.ucla.edu
To: Law & Religion issues for Law Academics
Sent: Thu Sep 16 11:55:58 2010
Subject: Re: N.J. public
sts.ucla.edu]
On Behalf Of Brownstein, Alan [aebrownst...@ucdavis.edu]
Sent: Thursday, September 16, 2010 1:24 PM
To: Law & Religion issues for Law Academics
Subject: RE: N.J. public transit employee fired for blasphemy
While I believe that desecrating sacred objects is protected speech, I
ion issues for Law Academics
Sent: Thu Sep 16 11:55:58 2010
Subject: Re: N.J. public transit employee fired for blasphemy
I think Breyer was attempting to demonstrate his approach to constitutional law
interpretation — thinking out loud to show how he would work through the
material in an idealiz
10 10:25 AM
> To: Law & Religion issues for Law Academics
> Subject: RE: N.J. public transit employee fired for blasphemy
>
> While I believe that desecrating sacred objects is protected speech, I'm not
> sure
> that I'm persuaded by the argument that the critical is
gionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Eric Rassbach
Sent: Thursday, September 16, 2010 9:31 AM
To: Law & Religion issues for Law Academics
Subject: RE: N.J. public transit employee fired for blasphemy
Part of the problem with the analogy is that rushin
I think Breyer was attempting to demonstrate his approach to constitutional law
interpretation — thinking out loud to show how he would work through the
material in an idealized, judgely fashion. He's absorbed in the subject of
case-by-case adjudication and how "carefully" everything needs to be
How does burning the Koran differ from burning the flag? I thought we had
been through this debate before and find Justice Breyer's comments strange,
to say the least.
Marci
In a message dated 9/16/2010 11:27:09 A.M. Eastern Daylight Time,
con...@indiana.edu writes:
In an interview
In defense of Justice Breyer, I don't think he called into question
first amendment doctrine as it might apply to Q'ran burning; the
reported text of his remarks suggests only that he was speaking with
the prudence of a Justice talking about a legal issue that might some
day come before the
e meant it to or not) to partake in this approach.
From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu]
On Behalf Of Conkle, Daniel O. [con...@indiana.edu]
Sent: Thursday, September 16, 2010 11:25 AM
To: 'Law & Religion issues for
In an interview with George Stephanopolous, Justice Breyer has suggested that
burning the Koran conceivably might not be protected by the First Amendment at
all. According to Breyer, "Holmes said it doesn't mean you can shout 'fire' in
a crowded theater . . . . Well, what is it? Why? Because
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