RE: Pamphlets at School .:.

2004-11-09 Thread Newsom Michael
: Menard, Richard H. [mailto:[EMAIL PROTECTED] Sent: Friday, November 05, 2004 2:30 PM To: 'Law & Religion issues for Law Academics' Subject: RE: Pamphlets at School .:.   You raise a lot of good points.  In response only to point (5):  The notion that proselytizing is more suspect

RE: Pamphlets at School

2004-11-09 Thread Newsom Michael
] Subject: Re: Pamphlets at School   Marc Scarberry's civility point has an appeal to it.  But as the proposed cancellation of all clubs in Salt Lake City schools, in order to avoid having to allow GLBT clubs, proved, threatening to shut everyone down is easier than actually doing so.   A civ

RE: Pamphlets at School

2004-11-09 Thread Newsom Michael
The analogy is inapt. Jewish students were not targeting Jewish students. -Original Message- From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Friday, November 05, 2004 12:21 PM To: Law & Religion issues for Law Academics Subject: RE: Pamphlets at School What if a black stu

RE: Pamphlets at School

2004-11-09 Thread Newsom Michael
kh, Eugene [mailto:[EMAIL PROTECTED] Sent: Friday, November 05, 2004 12:10 PM To: Law & Religion issues for Law Academics Subject: RE: Pamphlets at School I think we ought to be careful in First Amendment cases -- even those arising in government-run schools -- to find speech to be unprotected b

Re: Pamphlets at School

2004-11-05 Thread Marty Lederman
the sensitivities of the targeted student audience.  Cf. Rowan. - Original Message - From: Menard, Richard H. To: 'Law & Religion issues for Law Academics' Sent: Friday, November 05, 2004 2:29 PM Subject: RE: Pamphlets at School .:. You raise a l

RE: Pamphlets at School

2004-11-05 Thread AAsch
In a message dated 11/5/2004 7:58:41 AM Pacific Standard Time, [EMAIL PROTECTED] writes: Anonymous students left pamphlets calling on students to accept Jesus on the desks of Jewish public high school students and no other students. I have been asked whether a school could ban religiously targete

Re: Pamphlets at School

2004-11-05 Thread Steven Jamar
Can a school teach respect for diversity and tolerance for difference and teach civility and respect for others' beliefs without targeting those who say everyone else is damned and seeking to quash such speech on campus? I fear that one of the problems is the desire for neat, clear, bright-lin

RE: Pamphlets at School

2004-11-05 Thread Mark Graber
m students to classmates? Eugene -Original Message- From: [EMAIL PROTECTED] on behalf of Alan Brownstein Sent: Fri 11/5/2004 12:38 PM To: marc stern; Law & Religion issues for Law Academics Cc: Subject: RE: Pamphlets at School

RE: Pamphlets at School .:.

2004-11-05 Thread Menard, Richard H.
fundamental, more ingrained, more personally constitutive, and more private, than our numerous other "preferences" and personal characteristics.  - Original Message - From: marc stern To: 'Law & Religion issues for Law Academi

Re: Pamphlets at school

2004-11-05 Thread Volokh, Eugene
Whoops -- accidentally sent this to CONLAWPROF instead of RELIGIONLAW; retransmitting it here. -Original Message- From: Volokh, Eugene Sent: Fri 11/5/2004 1:05 PM To: [EMAIL PROTECTED] Cc: Subject: Re: Pamphlets at School

Re: Pamphlets at School

2004-11-05 Thread JMHACLJ
Marc Scarberry's civility point has an appeal to it.  But as the proposed cancellation of all clubs in Salt Lake City schools, in order to avoid having to allow GLBT clubs, proved, threatening to shut everyone down is easier than actually doing so.   A civility rule that requires students to refr

Re: Pamphlets at School

2004-11-05 Thread JMHACLJ
I think the real world practice of law in this area makes Marty's easy solution not nearly so easy in fact.  Is a student discriminating against a Catholic if he gives her a pamphlet on why praying the rosary is a form of idol worship unless he also hands a copy of the pamphlet to the Orthodox Je

RE: pamphlets at school

2004-11-05 Thread marc stern
I will ask to see them. My contact described them in terms to general to be helpful. Marc -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Lupu Sent: Friday, November 05, 2004 1:16 PM To: [EMAIL PROTECTED] Subject: pamphlets at school In answering the many

RE: Pamphlets at School

2004-11-05 Thread Gene Summerlin
CTED] -Original Message-From: Marty Lederman [mailto:[EMAIL PROTECTED]Sent: Friday, November 05, 2004 10:52 AMTo: [EMAIL PROTECTED]; Law & Religion issues for Law AcademicsSubject: Re: Pamphlets at School Marc's question was not whether the school could prohibit

RE: Pamphlets at School

2004-11-05 Thread Scarberry, Mark
is done within the classroom? Mark S. Scarberry Pepperdine University School of Law -Original Message- From: Volokh, Eugene [mailto:[EMAIL PROTECTED] Sent: Friday, November 05, 2004 9:47 AM To: Law & Religion issues for Law Academics Subject: RE: Pamphlets at School It's inte

RE: Pamphlets at School

2004-11-05 Thread Volokh, Eugene
-Original Message- From: [EMAIL PROTECTED] on behalf of Alan Brownstein Sent: Fri 11/5/2004 12:38 PM To: marc stern; Law & Religion issues for Law Academics Cc: Subject: RE: Pamphlets at School Marc

RE: Pamphlets at School

2004-11-05 Thread Robin Charlow
is reasonable as well as genuine. -Original Message- From: [EMAIL PROTECTED] on behalf of Robin Charlow Sent: Fri 11/5/2004 11:53 AM To: [EMAIL PROTECTED]; [EMAIL PROTECTED] Cc: Subject: Re: Pamphlets at School Isn't there something different about a targeted distribution?

RE: Pamphlets at School

2004-11-05 Thread Alan Brownstein
ature to Jews or Christians only, could it? > > Marc Stern > > > > _ > > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On Behalf Of Marty Lederman > Sent: Friday, November 05, 2004 11:52 AM > To: [EMAIL PROTECTED]; Law & Religion issues for La

RE: Pamphlets at School

2004-11-05 Thread Volokh, Eugene
-Original Message- From: [EMAIL PROTECTED] on behalf of Marty Lederman Sent: Fri 11/5/2004 11:51 AM To: [EMAIL PROTECTED]; Law & Religion issues for Law Academics Cc: Subject: Re: Pamphlets at School Marc's q

Re: Pamphlets at School

2004-11-05 Thread RJLipkin
In a message dated 11/5/2004 11:54:51 AM Eastern Standard Time, [EMAIL PROTECTED] writes: a simple prohibition on religious discrimination against students would do the trick, How would such a simple prohibition work if the religion of those targeting Jewish students requires

RE: Pamphlets at School

2004-11-05 Thread Volokh, Eugene
#x27;s veto could be justified, in the absence of evidence that the feeling of intimidation is reasonable as well as genuine. -Original Message- From: [EMAIL PROTECTED] on behalf of Robin Charlow Sent: Fri 11/5/2004 11:53 AM To: [EMAIL PROTECTED]; [EMAIL PROTECTED] Cc: Su

RE: Pamphlets at School

2004-11-05 Thread marc stern
Stern   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Marty Lederman Sent: Friday, November 05, 2004 11:52 AM To: [EMAIL PROTECTED]; Law & Religion issues for Law Academics Subject: Re: Pamphlets at School   Marc's question was not whether the school could

Re: Pamphlets at School

2004-11-05 Thread Robin Charlow
Isn't there something different about a targeted distribution? It's not simply speech that others might disagree with or find offensive, but speech that could be intimidating precisely because of the targeting. Perhaps intimidating speech would meet the standard of impinging on the rights of othe

RE: Pamphlets at School

2004-11-05 Thread marc stern
I would not advise a religion only ban if it was aimed at the subject matter of the leaflets. The question I posed is whether a religion only distribution only list can be prohibited. (The same question would arise if students distributed literature only to one racial or ethnic group.) None of the

Re: Pamphlets at School

2004-11-05 Thread Marty Lederman
Marc's question was not whether the school could prohibit distribution of religious literature; as I understand it, it was whether the school could prohibit literature distributors from targeting Jewish students as the audience for the literature, regardless of its content.  I think the answ