"Christian" Skating Time

[Volokh, Eugene]

	Well, if Mark is right, doesn't that say something very bad
about the current state of First Amendment law?  Given that for-profit
speakers and speech presenters are fully protected by the First
Amendment (see, e.g, the New York Times, CNN, etc.), isn't it quite
clear that for-profit presentations of Christian music, racist music
(whether white or black racist), anti-gay music,
anti-fundamentalist-Christian music, anti-Catholic music, or whatever
else should be entirely constitutionally protected, at least under
current Supreme Court precedents?

> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu 
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Mark Tushnet
> Sent: Monday, July 03, 2006 11:37 AM
> To: Law & Religion issues for Law Academics; Scarberry, Mark
> Cc: Law & Religion issues for Law Academics
> Subject: RE: "Christian" Skating Time
> 
> 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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