Summum

[Douglas Laycock]

You don't silence the Nativity scene.  You force the private sector to put it up on private land or in a public forum. 

Quoting Rick Duncan <nebraskalawprof at yahoo.com>:

> I think Eugene makes a great point about the divisiveness caused by 
> the endorsement test.
>
> When you enjoin a governmental religious display (such as the 
> Nativity scene I keep "harping" about), you don't merely silence the 
> govt. You also impose silence on the willing audience (private 
> citizens who wish to see the display). These are many of the same 
> people who were told to avert their eyes when they were offended by 
> the Gay Pride display. This adds insult to injury, and results in 
> people reasonably feeling like outsiders who must play a "heads you 
> win tails we lose" game with their secular counterparts in the 
> marketplace of ideas.
>
> Rick Duncan
>
>
>
>
>

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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