Student Fees/Santa Fe
Mcconnellm at LAW.UTAH.EDU
Thu Mar 23 12:44:14 PST 2000
As Alan clarifies and narrows his position, it gets more and more
persuasive. But I still don't think it is there, yet. His third
category of election is described as follows:
> 3. Elections that directly and primarily allocate
> opportunities to
> engage in expressive activity on public property.
As I understand him, this category is per se unconstitutional. Does
that mean it is unconstitutional to allow the graduating class to
vote on the graduation speaker?
I also am not satisfied with his response on the connection between
the Establishment Clause and the free speech issue. I think that both
questions are subject to the same public/private line. Alan cites
O'Connor's Pinette concurrence as counter-evidence, but I do not
think her concurrence was right. Does anyone else?
-- Michael McConnell (U of Utah)
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