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.
Saturday, January 09, 2021
"A Single Ideal of Neutrality"
Thus, young republicans, young democrats, feminist groups, LGBT groups, the ACLU group, environmental groups, and others are all allowed to meet on campus to express their views. What does neutrality require when a religious group, say, Campus Crusade For Christ or a Muslim student group, wishes to participate in the student group forum on campus?
If religious groups are excluded, "does this constitute discrimination against religion in violation of the free exercise clause?" If religious groups are allowed access, "is the state subsidizing religious worship in violation of the establishment clause?" Does it make sense to understand the EC to forbid what the FEC requires? Does the First Amendment contain one religion clause or two? If one, is it at war with itself? If two, are they mutually inconsistent?
If the two clauses taken together require "a single ideal of government neutrality in matters of religion," then what does neutrality require? If neutrality towards religion is the goal of both clauses, is there any conflict between the Free Exercise and the Establishment Clause here? Does an "equal access" rule subsidize religion? Or does it subsidize free speech in a neutral marketplace of ideas open to all? If religious groups are excluded, is anyone's liberty burdened? If religious groups are permitted equal access with all other student groups, is anyone's religious liberty burdened?
Friday, August 20, 2021
Links to Blog Posts for First Class (Monday) of First Amendment
These are the blog posts we will be discussing this week:
First one on D and I and Free Speech:
https://hoorayproperty.blogspot.com/2021/05/inclusive-leadership-two-hypos-for-1ls.html
Now these:
Church, State and the Constitution
https://professorduncan.blogspot.com/2011/06/does-constitution-require-separation-of.html
Jefferson's Wall of Separation
Incorporation of the Establishment Clause
https://professorduncan.blogspot.com/search?q=Single+Ideal
https://professorduncan.blogspot.com/2008/01/everson-and-neutrality.html
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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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From Volokh Blog: Brown v. Buhman and Bestiality By Eugene Kontorovich on December 16, 2013 4:16 am in Constitutional La...
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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...