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Religion & Law

: Constitutionally Correct

Free Speech & Election Law: Freedom of Speech vs. Anti-Discrimination Laws

By Alliance Alert

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Free Speech & Election Law: Freedom of Speech vs. Anti-Discrimination Laws Prof. David Bernstein, Prof. Andrew Koppelman, Prof. Kenneth L. Marcus, Prof. Eugene Volokh, Moderator: Prof. Lillian R. BeVier, 31 N.C. Cent. L. Rev. 207 (2009) ". . . But gay students aren?t allowed to exclude Christians who have conservative views on sexuality, or Christians aren?t allowed to exclude gay rights activists. Given that the right of expressive association is implicated, so there is a First Amendment interest here, then the university is engaging in viewpoint discrimination. And I think in that case, the student group would have a very plausible and hopefully winning argument before the courts that they cannot be denied funding for exercising their expressive association rights when other groups are permitted to decide who their members and officers should be."

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

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