Links for 2010-02-19: ACLJ on Free Speech and Teachers’ Mailboxes, a Poor Critique of Austrian Economics, others….February 20, 2010
- ACLJ | Content based discrimination
Vodpod videos no longer available.
A careless misstatement of First Amendment law from the ACLJ. Perry Educ. Ass’n v. Perry Educators’ Ass’n, 460 U.S. 37 (1983), ruled specifically that teachers mailboxes are not public fora for speech. The school may allow certain people to use the mailboxes for limited speech purposes and exclude others. The question is whether the caller’s religious message falls within the limited purpose intended by the school. Jay won in Lamb’s Chapel only because the Court held the Church’s message in that case fell within the school’s limited purpose for opening the forum. A similar case out of the 9th Circuit: Edward Diloreto v. Downey Unified School District Board of Education, 196 F.3d 958 (9th Cir. 1999), in which the fence around a school’s baseball field was held not to be a public forum open to all advertisers, The school did not violate the plaintiff’s First Amendment rights by rejecting an ad displaying the 10 Commandments. This is settled law.
Update: Time to correct my own misstatement. It is true that the school may not discriminate against the church simply because it is a church. It may, however, discriminate against the church’s message if that message is not within the limited purpose for which the forum was opened. The church is not entitled to put whatever it wants in the mailboxes merely because the school allows other groups to use the mailboxes.
- YouTube | A Critique of the Austrian School of Economics
The critic misstates why Austrians do not rely on facts and experimentation. Read the rest of this entry »