Free Speech for We, but not for Thee
Good news at last! To a guy like me who was black-balled by every fraternity and student association on campus in my college days, including the Red Cross and Soup Kitchen Services student groups (it's a long story), the Supreme Court's latest is heartening.
It seems that Ms. Justice Ginsburg is full-throated in her desire to protect college student's free speech rights. So, in a Supreme Court ruling handed down on Monday, she is unequivocal about the free speech rights of a campus Christian organization at the University of California Hastings College of the Law in San Francisco, which advocated against homosexuality. Her only problem with the whole thing was that the group also limited its membership to heterosexuals and .... get this .... Christians. This, she opines, is not free speech at all, but just rank discrimination, and certainly the University could refuse to charter the group as a student organization. She states: "[The University] may reasonably draw a line in the sand permitting all organizations to express what they wish but no group to discriminate in membership."
This is nothing short of brilliant. She is able to reach down into her boundless intellect and discern a heretofore undiscovered distinction between a group and the members of that group. A campus group is an entity which has opinions and has the constitutional right to freely express itself without hindrance by the University. The membership of the group, however, can be dictated by the University, presumably because there is no necessary connection between the opinions of any member of the group and the group itself. Thus, the Neo-Nazi Party might be composed of racist neanderthals, or it might be a rare alliance between the Amish and Quakers. How can we know?
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