UC system sued

[JMHACLJ at aol.com]

In a message dated 8/29/2005 8:49:47 A.M. Eastern Daylight Time,  
stevenjamar at gmail.com writes:

Or do  you think that the Constitution requires the universities to be 
standardless  and admit and pass anyone?  They shouldn't have to learn anything they 
 don't like or already believe to be true, should they?  Where would you  
draw the line?


I would start by recognizing that private associations are entitled to  
greater deference in the creation and maintenance of their relationships, and  that 
government entities are entitled to significantly less deference, and very  
little discretion, certainly none that is "unbridled" or that is  
"standardless."  
 
Once I have that distinction drawn firmly in mind, I would invited anyone  
who is addicted to the exercise of standardless, unbridled discretion to take  
their thirsts to the private setting of colleges and universities not created 
by  and funded by the State.  There they may slake their thirsts for just as  
long as the wallets of those who crave such petty tyrannies can sustain  them.  
In the state institutions that remain behind, I would insist upon  strict 
adherence to the constitutional principles to which earlier I had  adverted.  
 
Jim Henderson
Senior Counsel
ACLJ
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