"Christian" Skating Time

[Mark Tushnet]

Let me express my doubts about this assertion -- "No one would doubt that a
Christian music concert could be held (and advertised)" -- where the presenter
is a for-profit business.  (A genuine question:  How do for-profit concert
promoters advertise concerts by Christian rock groups?)
-- 
Mark Tushnet
William Nelson Cromwell Professor of Law
Harvard Law School
Areeda 223
Cambridge, MA  02138


Quoting "Scarberry, Mark" <Mark.Scarberry at pepperdine.edu>:

> The music is a substantial part of the skating experience. No one would
> doubt that a Christian music concert could be held (and advertised).
> Does the combination of a physical activity (skating) with the playing
> of music deprive the business owner of the free speech rights that a
> concert promoter would have?
>
> Suppose the owner of the rink decided to have a "global warming" evening
> featuring the audio from Vice President Gore's movie. Would that be
> permitted, even though a lot of people would choose not to come to the
> rink in order to avoid what they would perceive as propaganda? If it
> would be permitted, then doesn't the NY law discriminate against
> religious speech?
>
> And if, as I think someone suggested, a "spiritual" evening would be
> permitted, so long as it was inclusive by not focusing on any particular
> religious tradition, then isn't this a matter of viewpoint
> discrimination?
>
> Mark S. Scarberry
> Pepperdine University School of Law
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