On reflection, I realize that the Texas Monthly lineup can't be dispositive of the book club vs. Bible study group issue, but I still wonder about the Free Speech Clause issue

Douglas Laycock laycockd at umich.edu
Fri Jun 19 08:59:14 PDT 2009



That example troubled me too.  The book club doesn't have the strongest free speech claim; it's hard to identify a viewpoint associated with a book club; it's may be neither political nor religious; it has no historical status as an institution of particular First Amendment concern.  But it involves serious speech, and there is a lot of appeal to a rule of neutrality among all high-value speech. 

Quoting "Volokh, Eugene" <VOLOKH at law.ucla.edu>:

> On reflection, I realize that the Texas Monthly lineup can't be 
> dispositive of the book club vs. Bible study group issue (given that 
> the Brennan/Marshall/Stevens opinion distinguished 
> removal-of-substantial-burden cases), but I still wonder about the 
> Free Speech Clause issue.
>
> Eugene
>

Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713
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