Fox News Forgets Fact in Christian Graduation Speech Story
mnewsom at law.howard.edu
Tue Aug 15 10:12:04 PDT 2006
Not everybody is happy.
From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Ed Brayton
Sent: Sunday, August 06, 2006 12:47 PM
To: Law & Religion issues for Law Academics
Subject: Re: Fox News Forgets Fact in Christian Graduation Speech Story
AAsch at aol.com wrote:
I much appreciate the kind words (particularly coming from the author of
the conlaw book I still use and have been using since law school).
There was actually another interesting fact about the Erica Corder case
in Monument, CO that wasn't in the Fox News story. Erica Corder's father
is on the board of directors of James Dobson's Focus on the Family which
is based near there (the father's connection to FoF is reported in the
Colorado Springs Gazette). If anyone's interested, I took my argument to
the Colorado Springs Gazette online forum in more extended written form
What I'm having difficulty figuring out, however, is exactly where to
draw the line in graduation speech preapproval cases. Does anyone have
any good citations (or opinions) on when preapproval of a message
becomes endorsement? Also, how do high schools fashion preapproval
policies so they are not arbitrary or discriminatory?
I would argue that if the graduation speaker is chosen according to some
objective criteria, as when the valedictorian automatically is invited
to speak, then the school should not exercise any control over the
content of their speech at all. Then the speech is purely their own,
there is no message of endorsement, and the student can say whatever
they want. Free speech preserved, establishment clause problem
eliminated, everyone hapy.
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