RE: Is First Amendment viewpoint-discriminatory against antigay speech

2007-11-02 Thread Newsom Michael
Religion issues for Law Academics Subject: RE: Is First Amendment viewpoint-discriminatory against antigay speech I too found that comment a little cryptic. If Michael meant to be doctrinal rather than just attitudinally predictive, my guess would be that he didn't mean that a different First Amendment

RE: Is First Amendment viewpoint-discriminatory against antigay speech

2007-11-02 Thread Volokh, Eugene
PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Newsom Michael Sent: Friday, November 02, 2007 11:29 AM To: Law Religion issues for Law Academics Subject: RE: Is First Amendment viewpoint-discriminatory against antigay speech David has it right: a compelling governmental interest

RE: Is First Amendment viewpoint-discriminatory against antigay speech

2007-11-02 Thread Newsom Michael
] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Friday, November 02, 2007 2:56 PM To: Law Religion issues for Law Academics Subject: RE: Is First Amendment viewpoint-discriminatory against antigay speech Wow, that really is a remarkable First Amendment position: The government

RE: Is First Amendment viewpoint-discriminatory against antigay speech?

2007-11-02 Thread Volokh, Eugene
, November 02, 2007 12:41 PM To: Law Religion issues for Law Academics Subject: RE: Is First Amendment viewpoint-discriminatory against antigay speech No, not remarkable. Viewpoint neutrality is a chimera and an illusion, in my opinion. I do agree that the Court is not likely to agree

RE: Is First Amendment viewpoint-discriminatory against antigay speech

2007-11-01 Thread David Cruz
I too found that comment a little cryptic. If Michael meant to be doctrinal rather than just attitudinally predictive, my guess would be that he didn't mean that a different First Amendment rule would apply, but that those decisions might somehow justify a conclusion that there's a compelling