(Fwd from Brad Clanton) re: Cert. grant /viewpointdiscrimination

[Lupu, Ira (Chip)]

I appreciate Michael deHaven Newsom's kind remarks about an
article I wrote some years ago, in which I described my own
experience with the Zorach scheme.  But, as my recent posts must
indicate, I find a big difference between, on the one hand,
McCollum and Zorach (religion-only programs, during school hours,
enforced by the authorities in the event of truancy, and an invasion
of the religious privacy of all children enrolled), and, on the other, a
policy of equal access to the public schools by community groups,
after hours, no official compulsion to attend.   And the recent
Supreme Court decisions about equal access for private speakers
to government fora support that distinction, and undermine Zorach
considerably.


Ira C. ("Chip") Lupu
The George Washington University School of Law
2000 H St., NW
Washington D.C 20052

(202) 994-7053

ICLUPU at main.nlc.gwu.edu