Rosenberger and the MFG principle

[Sanford Levinson]

Josephine Patuto writes:

[M]ay the University (faculty senate, dean of
>the college of arts and sciences, or the faculty of the college)
>exclude astrology from the physics 101 class?

Surely this is a rhetorical question, for the answer is clearly yes.
Similarly, the University can exclude creationism from its geology course,
and it may justifiably refuse to grant tenure to a European historian who
concludes that the Holocaust didn't really happen.  As Robert Post (and many
others) have pointed out--he does a particularly good job of this in
"Subsidized Speech," in (what I think is) the current Yale Law Journal, the
important of standard notions of content and viewpoint-neutrality into the
University setting makes almost literally no sense.

Sandy Levinson

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Sanford Levinson
B.U. Law School
EMail: levinson at bu.edu
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