I think Doug is correct that preferential access probably triggers Allegheny
and the endorsement test.
But Justice O'Connor is long gone, and Allegheny is ripe for re-consideration.
I suspect the endorsement test would not survive re-consideration, given the
current lineup on the Court.
Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
My recent article, Just Another Brick in the Wall: The Establishment Clause as
a Heckler's Veto, is available at SSRN
"And against the constitution I have never raised a storm,It's the scoundrels
who've corrupted it that I want to reform" --Dick Gaughan (from the song,
Thomas Muir of Huntershill)
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