UC system sued
nebraskalawprof at yahoo.com
Sun Aug 28 06:03:55 PDT 2005
Hmmm. These additional facts help. Thanks, Jim.
Certainly, a state University is entitled to a great deal of deference in its admissions decisions. But the Free Speech Clause also contains a strong presumption against viewpoint suppression, and the letters Jim quotes sound like the U is admitting that it is engaged in such suppression.
Moreover, it also appears that the U is targeting theologically conservative Christian schools for discrimination, again based upon the Christian perspective of the textbooks used. The burden on Fr Ex is great unlike in Davey (denial of admission to a tax-funded State U). There may even be EC problems with the U entangling itself in the curriculum of religious schools to this extent.
This is a very interesting 1A case. Discovery will be interesting--I wonder if the emails posted among the powers that be at UC will reveal that the policy is not as much about academic rigor as suppression of unpopular ideas and religious animus?
If the question was is this a serious 1A case, the answer is yes. I know the ACLJ will stand up for freedom of speech and thought. Where will the ACLU be in this one?
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle
"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner
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