Student Fees/Santa Fe

[Michael McConnell]

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)