Here is a post from a past year's class about our discussion of Locke v. Davey as a free speech case:
I really enjoyed our discussion about Locke and free speech today and I particularly enjoyed how several of you were struggling with the argument that a scholarship program is a metaphysical forum for educative speech as opposed to just a product or service supplied by government.
Here is one way I think about this. I ask myself: "Are universities more like cheese factories, or more like idea laboratories?" If the former, then Rehnquist is right and a scholarship program is not a forum for speech. But if the latter....
By the way, could government provide a $5000 per annum stipend to all college professors on condition that the professors not teach socialist theory or feminist theory or theory critical of the War in Iraq in class during the period of the grant?
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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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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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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