A Hypo I Am Using in Class

[Rick Duncan]

"Christopher C. Lund" <chlund1 at hotmail.com> wrote:
   
   
  "And, finally, note that Pico involved a school library -- the constitutional obligations on the library were created by the school's duties to their students.  (The plurality's opinion relies heavily on Tinker v. Des Moines.)  A school library's decision to take out books directly impacts what its students can read; a decision to take down a display does not have a similar effect."  

   
  Hmmm. The school's decision to remove upopular books from a school library did not interfere with the students' rights to read the books. The books were freely available in the city's public (as opposed to school) libraries and in bookstores. The 1A evil in Pico was removal of ideas from a willing audience to appease those who disagreed with those ideas.
   
  In my gay pride hypo, the removal of ideas to appease critics is at least as harmful as in Pico, because unlike books which are widely available, the particular gay pride display may not be otherwise available to those who wish to view it. 
   
  Again, I disagree with the plurality in Pico, but many others (including some of my students and colleagues) think the Ct's reasoning in Pico was sound. And if it is sound....
   
  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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