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Religion & Law

: Constitutionally Correct

LA Times Critical of Harper T-Shirt Decision

By Alliance Defense Fund

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The LA Times is not exactly known as a bastion of conservativism. But yesterday, it joined a chorus of voices criticizing the Ninth Circuit's decision in Harper v. Poway Unified School District: "Free-Speech Fashion" (". . . does a Christian student have a similar right to wear a T-shirt proclaiming "Homosexuality Is Shameful"? He should, despite a recent federal appeals court ruling so sweeping and loosely reasoned that it virtually begs the Supreme Court to overrule it." )

UCLA law professor Eugene Volokh also had some critical words: Sorry, Your Viewpoint Is Excluded from First Amendment Protection: Critique of Poway T-Shirt Case ("This is a very bad ruling, I think. It's a dangerous retreat from our tradition that the First Amendment is viewpoint-neutral. It's an opening to a First Amendment limited by rights to be free from offensive viewpoints. It's a tool for suppression of one side of public debates (about same-sex marriage, about Islam, quite likely about illegal immigration, and more) while the other side remains constitutionally protected and even encouraged by the government.")

ADF's press release and link to the decision is here.

Full post as published by Constitutionally Correct on April 27, 2006 (boomark / email).