Marci has to be right here. Deciding what is speech for first amendment purposes has to involve more than just the fact that an activity involves a lot of talking. Sermons from the pulpit are talking, so is the practice of psychotherapy, most of what lawyers do, and a lot of what doctors do. Analyzing regulations of all these activities under a free speech paradigm isn't going to work.
Alan -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of [email protected] Sent: Monday, May 04, 2009 4:51 PM To: Law & Religion issues for Law Academics Subject: Re: Bowman v. U.S. While speech is involved in the classroom, career preparation is more involved than just speech. The state is not simply handing out funds for the sheer joy of learning or enriching discourse. The state funding of ministers or rabbis for that matter is a direct and knowing benefit to religious institutions. That is different from the abstract treatment of learning as nothing but a discourse of speech. Marci ------Original Message------ From: Volokh, Eugene Sender: [email protected] To: Law & Religion issues for Law Academics ReplyTo: Law & Religion issues for Law Academics Sent: May 4, 2009 7:41 PM Subject: RE: Bowman v. U.S. What exactly is it about government-funded education directed at future careers that keeps it from being "pure speech"? It presumably wouldn't just be the government funding, since that was at issue in Rosenberger as well. I take it the theory must be that "education" is somehow more than just "pure speech," in constitutionally significant ways. But why, especially when we're talking about education that basically just involves talking, rather than science labs, football games, and the like? Marci Hamilton writes: > In any event, this is not pure speech -- it is government funding education directed > at future careers. _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. Sent from my Verizon Wireless BlackBerry _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
