In these public monument/display cases, the Court often points out that our Nation is a diverse and pluralistic one, and goes on to assert that the EC requires the public square to be neutral between religion and non-religion.
If we tried to construct a public square that was truly neutral in the sense that it was a reasonably accurate reflection of the diversity and religious pluralism of the relevant community (say, of Lincoln, Nebraska or Lancaster County), what would this neutral public square look like? Would it be strictly secular? Or what?
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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