Is First Amendment viewpoint-discriminatory against antigay speech

[David Cruz]

I too found that comment a little cryptic.  If Michael meant to be
doctrinal rather than just attitudinally predictive, my guess would be
that he didn't mean that a different First Amendment rule would apply,
but that those decisions might somehow justify a conclusion that there's
a compelling governmental interest present.  But it wasn't at all clear
to me, so perhaps Michael might clarify.

David B. Cruz
Professor of Law
University of Southern California Gould School of Law
Los Angeles, CA 90089-0071
U.S.A.

-----Original Message-----
From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Thursday, November 01, 2007 4:43 PM
To: Law & Religion issues for Law Academics
Subject: Is First Amendment viewpoint-discriminatory against antigay
speech

	I'm puzzled -- do Romer and Lawrence really justify not just
protection of gays against governmental discrimination, but a different
First Amendment rule for antigay speech than for pro-gay-rights speech
or a wide range of other speech?

	Eugene

Michael Newsom writes:

> That said, I have no idea of what the Court would do with 
> this case, but my guess is that the Court would overturn the 
> jury verdict 5-4, although Kennedy, on the strength of Romer 
> and Lawrence, might vote with the moderates and the case 
> would come out the other way, 5-4 to uphold the jury verdict 
> (although the punitive damages might be reduced, the Court 
> likely to send a signal, I think, in the Valdez case that it 
> is prepared to rein in punitive damages).
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