Is Washington's exclusion of "devotional theology" majors from an otherwise generally available scholarship program unconstitutional viewpoint discrimination under Rosenberger?
The Court (edited: note 3) says that a scholarship program is "not a forum for speech." In other words, it is just a program funding a product, not one designed "to encourage a diversity of views from private speakers." Do you agree?
Suppose the scholarship program could be used to pursue any major except a major in "feminist gender studies" or "Keynesian economics" or "political science from a socialist perspective?"
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.
Friday, February 28, 2020
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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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