Re: FYI: An Interesting See You at the Pole Case

2005-11-06 Thread Rick Duncan
I have tried to explain before that the Christian Gospel does not teach that people go to Hell because they are Jews (or Hindus or Baptists or any other religious tradition). Nor is the message that Jews (etc) are not "good enough" becausethey are Jews (etc.). The idea is that everyone sins (and

non-disruptive speech ?

2005-11-06 Thread Joel Sogol
Rich Duncan says: The law is clear that public school students do not shed their free speech rights at the public schoolhouse door. They have a clear right to engage in non-disruptive speech. Discussing the doctrine of salvation by faith is not hate speech. It is quite the opposite.

RE: FYI: An Interesting See You at the Pole Case

2005-11-06 Thread Volokh, Eugene
Title: Message That's too high a level of abstraction at which to cast the question -- too much turns on the sort of "burden" that you're discussing. Certainly the majority (and the minority) bears the burden of, for instance, not discriminating based on religion in the government's actions

Re: FYI: An Interesting See You at the Pole Case

2005-11-06 Thread Paul Finkelman
Rick has a very nice and neat notin of how "offering the gospel" works that has nothign to do with the reality of public schools wher echildren tell others they wil lgo to hell. That, in my book, is indeed a form of "hate speech." My daughter has been told on more than one occasion that she

RE: FYI: An Interesting See You at the Pole Case

2005-11-06 Thread Volokh, Eugene
Title: Message I agree that many kids may be offended by being told that they're going to go to hell. Likewise, many older Christian kids may be offended by being told that they're anti-Semites, or homophobes. There are, it seems to me, several questions in play here: (1) To what

Re: FYI: An Interesting See You at the Pole Case

2005-11-06 Thread Steven Jamar
Interesting and helpful analysis Eugene.However, I do not think that religious speech is coextensive with other speech or needs to be so considered.  Restricting religious speech is not the same as restricting other speech.  One cannot write the EC out of the analysis even in something that mostly

Re: non-disruptive speech ?

2005-11-06 Thread Brad Pardee
Are you seriously suggesting that a kid who talk to your 7 year old about religion in a way that you find offensive is going to be physically assaulted by your child? That's not just unacceptable at school. It's criminal, and I cannot conceive of why you would permit your child to respond to

Re: non-disruptive speech ?

2005-11-06 Thread FRAP428
In a message dated 11/6/05 11:47:55 AM Eastern Standard Time, [EMAIL PROTECTED] writes: Are you seriously suggesting that a kid who talk to your 7 year old about religion in a way that you find offensive is going to be physically assaulted by your child? That's not just unacceptable at school.

RE: non-disruptive speech ?

2005-11-06 Thread Joel
Perhaps the better analogy would be when my child simply points out that Jesus is just a fictional character like Shaggy or even Scooby Doo, and his teaching are to be given about the same weight. It seems that those who have never had to endure this kind of assault have little idea the

RE: non-disruptive speech ?

2005-11-06 Thread Rick Duncan
Joel and I agree at least on this--if my child were physically attacked by other children because of his faith, I would encourage him to turn loose all his martial arts skills and give the bullies a good attitude adjustment. The remedy for speech you disagree withis counterspeech. The remedy for

Re: non-disruptive speech ?

2005-11-06 Thread Paul Finkelman
Rick the difference is that you or your son could teach and learn to be tolerant about gay people, rather than campaign against them not having the same rights as you; you are after all, hardly harmed by someone else's marraige or even their faith. To say that your son's views (or yours) are

RE: non-disruptive speech ?

2005-11-06 Thread Volokh, Eugene
Title: Message Christians are completely entitled, under the First Amendment, to try to "rid the world of all Jews" (in the sense of people who are Jews by religion) through the process of persuading the Jews (and others) to become Christians. I think it's also a perfectly legitimate goal,

Should atheist arguments by students be suppressed in public school?

2005-11-06 Thread Volokh, Eugene
Joel's post raises an excellent analogy. Say that a child tells his classmates that he thinks Christianity is a myth, and that belief in religion is illogical -- eminently legitimate and important arguments, but ones that will naturally offend his classmates. (Note that the statement could arise

Re: Should atheist arguments by students be suppressed in public school?

2005-11-06 Thread FRAP428
In a message dated 11/6/05 3:39:04 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Under current doctrine, I take it that the school must tolerate such speech unless it's actually likely to start a fight. You'd take it wrong in the Eleventh Circuit. School officials do not need Tinker's

RE: Should atheist arguments by students be suppressed in publicschool?

2005-11-06 Thread Volokh, Eugene
Title: Message Hmm -- so in the Eleventh Circuit a school district could ban atheist speech with no evidence of disruption? How is that reconcilable with Tinker? I do recall a Confederate flag case, and perhaps it's the one Frances is referring to, in which the court of appeals held that

Re: non-disruptive speech ?

2005-11-06 Thread Paul Finkelman
"Entitled" do it, and entitled to subject fellow student to the pressure are two different thing. The school setting does make a differene. The KKK is entitled, under the First Amendment, to advocate that we "rid the world of Jews." So is the American Nazi Party. I think it would be quite

Re: Should atheist arguments by students be suppressed in publicschool?

2005-11-06 Thread FRAP428
In a message dated 11/6/05 4:03:50 PM Eastern Standard Time, [EMAIL PROTECTED] writes: think that's an overreading of Fraser, but surely it wouldn't apply simply to speech that criticizes a religion (or absence of religion). Or else, as I asked, what happened to Tinker? Well, the 11th Circuit

RE: non-disruptive speech ?

2005-11-06 Thread Volokh, Eugene
Title: Message (1) The First Amendment rights of Christians are not diminished by other Christians' misbehavior, just like the First Amendment rights of blacks, whites, or Jews are not diminished by other blacks', whites', or Jews' misbehavior. Our constitutional law, thankfully, does not

Re: non-disruptive speech ?

2005-11-06 Thread Steven Jamar
Fortunately most Christians do not feel the need to go around telling the rest of us we are damned to hell and so the problem is less bad than it could be.   I must respectfully disagree with Rick's attempt at a more subtle and sophisticated (and I think accurate) reading as being what I have