--- AJCONGRESS <[EMAIL PROTECTED]> wrote:
> The problem is not children who truly want to go to
> the club.It is children
> who do not,or would not,but for the perceived
> advantage of being with Mrs.
> Smith, who is trading on one role (public scholl
> teacher ) to enhave
> another:(Christian club leader).

Again, Mark, no child can attend the club without his
or her parent's consent. Don't consent if you think
the club is not good for your child. But don't impose
your dislike of the club and its leader on families
who have a different view.

Rick

>  Marc Stern
> -----Original Message-----
> From: Law & Religion issues for Law Academics
> [mailto:[EMAIL PROTECTED] Behalf Of
> Rick Duncan
> Sent: Friday, June 13, 2003 12:56 PM
> To: [EMAIL PROTECTED]
> Subject: Who Speaks For Children? Government? Or
> Parents?
>
>
> My response to Michael's questions:
>
> Well, parents have the authority and the duty to
> speak
> and consent for their young children. So when I
> speak
> of what children "wish", I am talking about their
> wishes as determined on their behalf by their lawful
> and loving parents.
>
> It is far better for parents to decide what is best
> for their children to do in the after school hour
> than
> for school officials, or other parents, or members
> of
> this list, or the courts. Those who wish to deprive
> the children of their club leader are doing so
> without
> consulting the children and for ideological reasons
> of
> their own, not for the actual(or even likely) best
> interests of the children.
>
> All of that being said, I am sure that most (perhaps
> all) of the children enrolled in the Good News Club
> are delighted to listen and learn from the person we
> have been calling Mrs. Smith. Why should we deprive
> them of this wanted association and learning
> experience?
>
> No one has pointed to any child enrolled in the club
> who is harmed in any way by this woman's leadership.
> But if harm there is, their parents have the right
> and the power to protect them by rescinding their
> membership in the club. They don't need any
> government
> official to interfere with the activities of a
> private
> religious club.
>
> If you don't think a teacher should lead a private
> club during the after school hour, then by all means
> don't allow your children to enroll. I won't try to
> use the coercive power of government to make you
> enroll them. But don't try to impose your
> preferences
> on those of us who believe our children are blessed
> to
> be led by Mrs. Smith. Allow us to bless our children
> without doing any harm to your children.
>
> Rick
>
>
> --- "Newsom, Michael" <[EMAIL PROTECTED]>
> wrote:
> > Rick, you are shifting your ground here.  First
> you
> > say that disclaimers
> > need to be directed to parents, and now you talk
> > about what children want.
> > Which is it?  There are important legal and
> > empirical reasons for getting
> > the answer right.
> >
> > -----Original Message-----
> > From: Rick Duncan
> [mailto:[EMAIL PROTECTED]
> > Sent: Friday, June 13, 2003 10:39 AM
> > To: [EMAIL PROTECTED]
> > Subject: Re: Incorporation of EC And teacher case
> >
> >
> > --- AJCONGRESS <[EMAIL PROTECTED]> wrote:
> > > IF SO MANY PEOPLE WANT THIS CLUB, WHT IS  THERE
> > NOT
> > > SOMEONE ELSE TO STAFF
> > > IT?
> >
> > I'm sure there is someone else. But that does not
> > justify restricting the First Amendment rights of
> > the
> > teacher to participate (not to mention the
> > children's
> > the First Amendment right to receive wanted speech
> > and
> > leadership).
> >
> > There is no reason to forbid a willing speaker,
> > speaking as a private citizen and not as a govt.
> > employee, from leading a club of willing
> listeners.
> > The attempt to silence her is religious hostility
> > pure
> > and simple. It will take some time for secularists
> > and
> > separationists to get used to the idea that
> > religious
> > persons are entitled to speak as private citizens
> in
> > public places open to private speakers. It is not
> > easy
> > to let go of a monopoly on public access. But get
> > used
> > to it they must.
> >
> > This is why religious persons can not simply
> refrain
> > from exercising their 1A rights to avoid
> > controversy.
> > This teacher is fighting not just for her right to
> > be
> > an equal citizen, but for my right and my
> children's
> > right (and the right of all who face religious
> > discrimination) as well. And I thank her that.
> >
> > Rick Duncan
> >
> >
> >
> > =====
> > Rick Duncan
> > Welpton Professor of Law
> > University of Nebraska College of Law
> > Lincoln, NE 68583-0902
> >
> > "Politics is not a bad profession. If you succeed
> > there are many rewards, if
> > you disgrace yourself you can always write a
> book."
> > Ronald Reagan
> >
> > __________________________________
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>
>
> =====
> Rick Duncan
> Welpton Professor of Law
> University of Nebraska College of Law
> Lincoln, NE 68583-0902
>
> "Politics is not a bad profession. If you succeed
> there are many rewards, if
> you disgrace yourself you can always write a book."
> Ronald Reagan
>
> __________________________________
> Do you Yahoo!?
> Yahoo! Calendar - Free online calendar with sync to
> Outlook(TM).
> http://calendar.yahoo.com


=====
Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902

"Politics is not a bad profession. If you succeed there are many rewards, if you 
disgrace yourself you can always write a book." Ronald Reagan

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