still at votelaw.com
Sat Nov 3 17:21:12 PDT 2007
>I don't think the professor is a "state actor." Rather the prof
>has, I suggest, countervailing 1st Amendment rights to associate
>with the book authors of his/her choice.
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> still at votelaw.com
>At 04:14 PM 11/3/2007, you wrote:
>> A reader of my blog mentioned to me that a book commonly used in
>>paralegal teaching programs -- "Practical Law Office Management," by
>>Brent D. Roper -- is apparently written by someone who is one of Phelps'
>>("God Hates Fags") sons-in-law, and is seemingly active in the Phelps
>>movement. Some teachers of paralegal programs are contemplating no
>>longer using the book because of this.
>> If the paralegal program is at a public institution (say, a
>>community college), would such a decision not to use the book violate
>>the First Amendment? What about a similar decision in the 1950s not to
>>use a book (an entirely unideological book) written by a Communist?
>>Does it matter whether the decision is made by the professor or by the
>>administration (on the theory that the administration is a state actor
>>in such matters and the professor is not)? Does it matter whether this
>>is a decision to stop using the book, as opposed to not start using the
>>book? (I doubt it, but I thought I'd raise this, since some discussions
>>of Board of Ed. v. Pico seem to focus on this, albeit in the context of
>>libraries rather than curricula.)
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