RE: Lesser protection for religious advocacy

2004-11-10 Thread Mark Graber
To: [EMAIL PROTECTED] Subject: RE: Lesser protection for religious advocacy Obviously overbroad. Students may clearly ask, who is the present Pope? The issue is whether students may proselytize. MAG Gene Summerlin [EMAIL PROTECTED] 11/09/04 6:18 PM Professor Newsome, Would

RE: Lesser protection for religious advocacy

2004-11-10 Thread Gene Summerlin
Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of Mark Graber Sent: Wednesday, November 10, 2004 8:02 AM To: [EMAIL PROTECTED] Subject: RE: Lesser protection for religious advocacy What about the following rule in a school. You can talk about each other's clothes and appearance

RE: Lesser protection for religious advocacy

2004-11-10 Thread Newsom Michael
] Sent: Tuesday, November 09, 2004 5:24 PM To: 'Law Religion issues for Law Academics' Subject: RE: Lesser protection for religious advocacy The idea that the govt is responsible for all that it does not prohibit must be treated with great care. It has the potential of making govt responsible

RE: Lesser protection for religious advocacy

2004-11-10 Thread Newsom Michael
, November 09, 2004 6:18 PM To: Law Religion issues for Law Academics Subject: RE: Lesser protection for religious advocacy Professor Newsome, Would it be constitutional, in your opinion, for a school to pass and enforce a rule which stated, Students may not discuss any matters relating to religion

RE: Lesser protection for religious advocacy

2004-11-10 Thread Gene Summerlin
) 402.730.5344 (Mobile) www.osolaw.com [EMAIL PROTECTED] -Original Message- From: Newsom Michael [mailto:[EMAIL PROTECTED] Sent: Wednesday, November 10, 2004 11:01 AM To: [EMAIL PROTECTED]; Law Religion issues for Law Academics Subject: RE: Lesser protection for religious advocacy Could you

RE: Lesser protection for religious advocacy

2004-11-10 Thread Robin Charlow
, November 09, 2004 5:24 PM To: 'Law Religion issues for Law Academics' Subject: RE: Lesser protection for religious advocacy The idea that the govt is responsible for all that it does not prohibit must be treated with great care. It has the potential of making govt responsible for all of life

RE: Lesser protection for religious advocacy

2004-11-10 Thread Mark Graber
PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of Mark Graber Sent: Wednesday, November 10, 2004 8:02 AM To: [EMAIL PROTECTED] Subject: RE: Lesser protection for religious advocacy What about the following rule in a school. You can talk about each other's clothes and appearance, but nobody can be called

Re: Lesser protection for religious advocacy

2004-11-10 Thread Ed Brayton
Pardon me for jumping in. I'm brand new to this list, but as my organization, Michigan Citizens for Science, is involved in questions of science curricula I thought I'd jump in on this particular discussion. It should probably be noted up front that I am not an attorney myself. Mark Graber

RE: Lesser protection for religious advocacy

2004-11-09 Thread Newsom Michael
, Eugene [mailto:[EMAIL PROTECTED] Sent: Friday, November 05, 2004 7:21 PM To: Law Religion issues for Law Academics Subject: RE: Lesser protection for religious advocacy The Fourteenth Amendment doesn't justify speech restrictions in the cause of fighting racism any more than

RE: Lesser protection for religious advocacy

2004-11-09 Thread Scarberry, Mark
: Lesser protection for religious advocacy For this argument to stand up, one has to conclude that any conflict between the possible meaning of the First Amendment trumps possible meanings of the Fourteenth Amendment. I thought the rule of construction was that the latter in time trumps the former

RE: Lesser protection for religious advocacy

2004-11-09 Thread Newsom Michael
for Law Academics' Subject: RE: Lesser protection for religious advocacy But note that the 14th amendment has a state action requirement... Mark S. Scarberry Pepperdine University School of Law -Original Message- From: Newsom Michael [mailto:[EMAIL PROTECTED] Sent: Tuesday, November 09

Re: Lesser protection for religious advocacy

2004-11-09 Thread JMHACLJ
In a message dated 11/9/2004 5:00:06 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Can't the stateregulate the use of its property? Can't one say that failure to do somight amount to state action? Seems at least plausible that if you can make that work, you can find state action in the

RE: Lesser protection for religious advocacy

2004-11-09 Thread Newsom Michael
You might. -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Tuesday, November 09, 2004 5:05 PM To: [EMAIL PROTECTED] Subject: Re: Lesser protection for religious advocacy In a message dated 11/9/2004 5:00:06 PM Eastern Standard Time, [EMAIL

RE: Lesser protection for religious advocacy

2004-11-09 Thread marc stern
became moot as a result of the 1964 civil rights act. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of [EMAIL PROTECTED] Sent: Tuesday, November 09, 2004 5:05 PM To: [EMAIL PROTECTED] Subject: Re: Lesser protection for religious advocacy In a message dated

RE: Lesser protection for religious advocacy

2004-11-09 Thread Scarberry, Mark
-Original Message- From: marc stern [mailto:[EMAIL PROTECTED] Sent: Tuesday, November 09, 2004 2:14 PM To: 'Law Religion issues for Law Academics' Subject: RE: Lesser protection for religious advocacy That the failure to regulate might constitute state action-as in failing to ban private

RE: Lesser protection for religious advocacy

2004-11-09 Thread Gene Summerlin
:[EMAIL PROTECTED] Behalf Of Newsom Michael Sent: Tuesday, November 09, 2004 3:25 PM To: Law Religion issues for Law Academics Subject: RE: Lesser protection for religious advocacy Well that is the question. Some people believe that schools should not be religious-free zones, and one

RE: Lesser protection for religious advocacy

2004-11-09 Thread Gene Summerlin
, 2004 5:39 PM To: [EMAIL PROTECTED] Subject: RE: Lesser protection for religious advocacy Obviously overbroad. Students may clearly ask, who is the present Pope? The issue is whether students may proselytize. MAG Gene Summerlin [EMAIL PROTECTED] 11/09/04 6:18 PM Professor Newsome, Would

RE: Lesser protection for religious advocacy

2004-11-09 Thread Gene Summerlin
To: [EMAIL PROTECTED] Subject: RE: Lesser protection for religious advocacy Obviously overbroad. Students may clearly ask, who is the present Pope? The issue is whether students may proselytize. MAG Gene Summerlin [EMAIL PROTECTED] 11/09/04 6:18 PM Professor Newsome, Would it be constitutional

Re: Lesser protection for religious advocacy

2004-11-05 Thread Volokh, Eugene
I'm puzzled. Is Mark genuinely saying that it should be considered harassment -- and thus presumably punishable under hostile environment harassment law (unless Mark agrees with me that hostile environment harassment law is unconstitutional to this extent) -- for people to express the

Re: Lesser protection for religious advocacy

2004-11-05 Thread Mark Graber
The purpose of the story was simply to point out, as I thought I made clear, that a great many Christians who thought nothing problematic about converting Jews suddenly found speech offensive when they were the converters. I suspect, by the way, that we agree that harrassment is the wrong word.

RE: Lesser protection for religious advocacy

2004-11-05 Thread Volokh, Eugene
Of Mark Graber Sent: Friday, November 05, 2004 3:03 PM To: [EMAIL PROTECTED] Subject: Re: Lesser protection for religious advocacy The purpose of the story was simply to point out, as I thought I made clear, that a great many Christians who thought nothing problematic about converting

RE: Lesser protection for religious advocacy

2004-11-05 Thread Mark Graber
To: [EMAIL PROTECTED] Subject: Re: Lesser protection for religious advocacy The purpose of the story was simply to point out, as I thought I made clear, that a great many Christians who thought nothing problematic about converting Jews suddenly found speech offensive when they were the converters

RE: Lesser protection for religious advocacy

2004-11-05 Thread Gene Summerlin
402.434.8044 (FAX) 402.730.5344 (Mobile) www.osolaw.com [EMAIL PROTECTED] -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of Mark Graber Sent: Friday, November 05, 2004 5:03 PM To: [EMAIL PROTECTED] Subject: Re: Lesser protection for religious advocacy The purpose

RE: Lesser protection for religious advocacy

2004-11-05 Thread Volokh, Eugene
PROTECTED] Subject: Re: Lesser protection for religious advocacy The purpose of the story was simply to point out, as I thought I made clear, that a great many Christians who thought nothing problematic about converting Jews suddenly found speech offensive when they were

RE: Lesser protection for religious advocacy

2004-11-05 Thread Mark Graber
-restrictive position? Eugene -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Mark Graber Sent: Friday, November 05, 2004 3:03 PM To: [EMAIL PROTECTED] Subject: Re: Lesser protection for religious advocacy The purpose of the story

RE: Lesser protection for religious advocacy

2004-11-05 Thread Volokh, Eugene
messages. Eugene -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Mark Graber Sent: Friday, November 05, 2004 4:00 PM To: [EMAIL PROTECTED] Subject: RE: Lesser protection for religious advocacy This is part of a long argument Eugene and I