Let's spend the first 10 minutes discussing the "metaphysical forum" issue in Locke v. Davey. In FN 3, Rehnquist just dismisses this issue with a conclusory assertion ("the Promise Scholarship Program is not a forum for speech"). But he gives no reasoning.
So, think about the forum issue. Is this case more like Rosenberger, in which a pool of money is a forum for the3 facilitation of private speech, or is it more like a government cheese program in which the government subsidizes Swiss Cheese but not Cheddar Cheese?
Be prepared to argue both sides of this issue.
Hint: Suppose the Promise Scholarship Program allowed funds to be used to pursue any major except "gender studies from a feminist perspective?" Does this raise any Free Speech issues?
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