: 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
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
: 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
While the school could potentially eliminate the distribution of all flyers
or pamphlets as a time, place or manner restriction, I seriously doubt that
a content based prohibition on just religious speech would be upheld.
The right to free speech includes the right to distribute literature.
rom: "Gene Summerlin" [EMAIL PROTECTED]
To: "'Law Religion issues for Law Academics'"
[EMAIL PROTECTED]
Sent: Friday, November 05, 2004 11:43
AM
Subject: Pamphlets at School
While the school could potentially eliminate the distribution of all
flyers or pamphlets as a time,
of
the cases you cite go to that question.
Marc Stern
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Gene Summerlin
Sent: Friday, November 05, 2004 11:44 AM
To: 'Law Religion issues for Law Academics'
Subject: Pamphlets at School
While the school could
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
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
: [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
_
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
: [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
] 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
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
In answering the many good questions that have been raised in this
discussion, wouldn't it be helpful to know the precise content of the
pamphlets? Can Mark Stern help us in this regard? Surely one
cannot say that proselytizing pamphlets are per se threatening or
intimidating.My own view
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
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
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
ore
private, than our numerous other "preferences" and personal
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 proble
I still don't get Marty's discrimination argument. These pamphleteers
are not excluding anyone (they'd probably be happy to give the
pamphlet to anyone who wanted it). They're just choosing an
audience. What if a group of evangelical Christian teens at a public
school decided to pick five
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
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,
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
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
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