A Hypo I Am Using in Class

[Rick Duncan]

Here is a hypo I am asking the students in my 1A class to think about today:
   
  Imagine a city with two displays in the public square one December: a nativity scene (without plastic elves or talking wishing wells) in one public park,  and a "gay pride--stop homophobia display" in a second public park. Both displays provoke complaints--the nativity scene by an atheist such as Mr. Newdow who, when he sees the nativity display, is offended by the religious nature of the display (and feels like an outsider, "not a full member of the political community"); and the gay pride display by an Orthodox Jew whose religious conscience is offended when he sees that display and also feels like an unwelcome outsider and not a respected member of the political community. 
   
  The city, wishing to avoid controversy and to offend no one, removes both displays.
   
  Supporters of the gay pride display sue claiming that they are a willing audience for the message of gay pride and thus, under Pico and the Free Speech Clause, have a right to receive the message expressed by the gay pride display without censorship imposed by the city to satisfy the demands  of "hecklers" and others who don't like the message.
   
  Do the Pls have a good claim?
   
  Rick Duncan
  




  Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902
   
  
"It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence."  --J. Budziszewski (The Revenge of Conscience)
   
  "Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id.


       
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