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Eugene Volokh says ?No Duty To Subsidize Student Groups,? David French responds

By ADF Alliance Alert

Eugene Volokh writes at the Volokh Conspiracy: "To begin with, I should say that I agree with the Court?s Boy Scouts v. Dale decision: Private groups often do have the First Amendment right to discriminate in choosing their leaders (and their members, though Dale didn?t focus on that), when barring such discrimination would interfere with the groups? ability to spread their message . . . But the question is not just whether the groups have a constitutional right to expressive association ? it?s whether the government has a constitutional obligation to support this right. And there, I think, the answer is no." David French responds at the National Review Phi Beta Cons Blog: "I think Eugene's key flaw is to treat the university environment and university student-organization system as essentially like any other government program, when they most assuredly are not. The Healy court got this . . . "

Full post as published by Constitutionally Correct on December 08, 2009 (boomark / email).