Is the Boy Scouts an "expressive association?" Is one of the purposes of the Boy Scouts to associate "in pursuit of ...political, social, economic, educational, religious, and cultural ends." (casebook p. 1603)
If so, will "forced inclusion" under public accommodation laws of openly homosexual "activists" such as Dale "affect in a significant way the ability of the group to express those views, and only those views [right not to speak], that it intends to express."
Would forced inclusion as a leader of a LGBT Youth Group, of someone who had publicly expressed his view that homosexual conduct is sinful and immoral, interfere with the group's right of expressive association?
What about forced inclusion of David Duke (a KKK member) as a leader of the NAACP Youth Group?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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"Studying the Constitution has some of the same intellectual delight as reading Aristotle: it opens the mind on a subject of fi...
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