RE: Pamphlets at School

2004-11-09 Thread Newsom Michael
: Friday, November 05, 2004 12:10 PM To: Law Religion issues for Law Academics Subject: RE: Pamphlets at School I think we ought to be careful in First Amendment cases -- even those arising in government-run schools -- to find speech to be unprotected because either its content or its manner

RE: Pamphlets at School

2004-11-09 Thread Newsom Michael
The analogy is inapt. Jewish students were not targeting Jewish students. -Original Message- From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Friday, November 05, 2004 12:21 PM To: Law Religion issues for Law Academics Subject: RE: Pamphlets at School What if a black student group

RE: Pamphlets at School

2004-11-09 Thread Newsom Michael
: Pamphlets at School Marc Scarberry's civility point has an appeal to it. But as the proposed cancellation of all clubs in Salt Lake City schools, in order to avoid having to allow GLBT clubs, proved, threatening to shut everyone down is easier than actually doing so. A civility rule

Re: Pamphlets at School

2004-11-05 Thread Marty Lederman
Marc's question was not whether the school could prohibit distribution of religious literature; as I understand it, it was whether the school could prohibit literature distributors from targeting Jewish students as the audience for the literature, regardless of its content. I think the

RE: Pamphlets at School

2004-11-05 Thread marc stern
I would not advise a religion only ban if it was aimed at the subject matter of the leaflets. The question I posed is whether a religion only distribution only list can be prohibited. (The same question would arise if students distributed literature only to one racial or ethnic group.) None of the

RE: Pamphlets at School

2004-11-05 Thread marc stern
Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Marty Lederman Sent: Friday, November 05, 2004 11:52 AM To: [EMAIL PROTECTED]; Law Religion issues for Law Academics Subject: Re: Pamphlets at School Marc's question was not whether the school could prohibit

Re: Pamphlets at School

2004-11-05 Thread RJLipkin
In a message dated 11/5/2004 11:54:51 AM Eastern Standard Time, [EMAIL PROTECTED] writes: a simple prohibition on religious discrimination against students would do the trick, How would such a simple prohibitionwork if the religion of those targeting Jewish students requires or

RE: Pamphlets at School

2004-11-05 Thread Volokh, Eugene
: [EMAIL PROTECTED] on behalf of Marty Lederman Sent: Fri 11/5/2004 11:51 AM To: [EMAIL PROTECTED]; Law Religion issues for Law Academics Cc: Subject: Re: Pamphlets at School Marc's question was not whether the school could prohibit

RE: Pamphlets at School

2004-11-05 Thread Alan Brownstein
_ From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Marty Lederman Sent: Friday, November 05, 2004 11:52 AM To: [EMAIL PROTECTED]; Law Religion issues for Law Academics Subject: Re: Pamphlets at School Marc's question was not whether the school could prohibit

RE: Pamphlets at School

2004-11-05 Thread Robin Charlow
: [EMAIL PROTECTED] on behalf of Robin Charlow Sent: Fri 11/5/2004 11:53 AM To: [EMAIL PROTECTED]; [EMAIL PROTECTED] Cc: Subject: Re: Pamphlets at School Isn't there something different about a targeted distribution? It's not simply speech that others might disagree

RE: Pamphlets at School

2004-11-05 Thread Volokh, Eugene
] on behalf of Alan Brownstein Sent: Fri 11/5/2004 12:38 PM To: marc stern; Law Religion issues for Law Academics Cc: Subject: RE: Pamphlets at School Marc I know of no case dealing with prohibitions against the targeting

RE: Pamphlets at School

2004-11-05 Thread Gene Summerlin
lto:[EMAIL PROTECTED]Sent: Friday, November 05, 2004 10:52 AMTo: [EMAIL PROTECTED]; Law Religion issues for Law AcademicsSubject: Re: Pamphlets at School Marc's question was not whether the school could prohibit distribution of religious literature; as I understand it, it was whether

RE: pamphlets at school

2004-11-05 Thread marc stern
I will ask to see them. My contact described them in terms to general to be helpful. Marc -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Lupu Sent: Friday, November 05, 2004 1:16 PM To: [EMAIL PROTECTED] Subject: pamphlets at school In answering the

Re: Pamphlets at School

2004-11-05 Thread JMHACLJ
I think the real world practice of law in this area makes Marty's easy solution not nearly so easy in fact. Is a student discriminating against a Catholic if he gives her a pamphlet on why praying the rosary is a form of idol worship unless he also hands a copy of the pamphlet to the Orthodox

Re: Pamphlets at school

2004-11-05 Thread Volokh, Eugene
Whoops -- accidentally sent this to CONLAWPROF instead of RELIGIONLAW; retransmitting it here. -Original Message- From: Volokh, Eugene Sent: Fri 11/5/2004 1:05 PM To: [EMAIL PROTECTED] Cc: Subject: Re: Pamphlets at School

RE: Pamphlets at School .:.

2004-11-05 Thread Menard, Richard H.
nal characteristics. - Original Message - From: marc stern To: 'Law Religion issues for Law Academics' Sent: Friday, November 05, 2004 11:59 AM Subject: RE: Pamphlets at School The problem I see is that the state is not dis

Re: Pamphlets at School

2004-11-05 Thread Steven Jamar
Can a school teach respect for diversity and tolerance for difference and teach civility and respect for others' beliefs without targeting those who say everyone else is damned and seeking to quash such speech on campus? I fear that one of the problems is the desire for neat, clear,

RE: Pamphlets at School

2004-11-05 Thread AAsch
In a message dated 11/5/2004 7:58:41 AM Pacific Standard Time, [EMAIL PROTECTED] writes: Anonymous students left pamphlets calling on students to accept Jesus on the desks of Jewish public high school students and no other students. I have been asked whether a school could ban religiously

Re: Pamphlets at School

2004-11-05 Thread Marty Lederman
e targeted student audience. Cf. Rowan. - Original Message - From: Menard, Richard H. To: 'Law Religion issues for Law Academics' Sent: Friday, November 05, 2004 2:29 PM Subject: RE: Pamphlets at School .:. You raise a lot of good points. In response only to p