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Attn Dr. Bob: A Legal Issue

Posted by Ron Hill on April 27, 2002, at 21:44:47


Dr. Bob;

I'm not usually one to cause waves, but I think we have a legal problem. As I understand the law, it is illegal to discriminate against public speech solely because that speech happens to be religious in nature. This is especially true, in this particular case, since this web site is at least partially under the umbrella of the University of Chicago and, therefore, receives federal funds, either directly or indirectly.

The law does not allow for censorship of religious speech merely because some, or even most, of the public forum participants vote to discriminate against said type of speech. IMHO, reference to TSA's constitutionally guaranteed religious speech as "promotional" would not be upheld in a court of law since TSA is not selling anything, nor is TSA attempting to gain a profit from said free speech.

If I have time this coming week, I will contact the American Center for Law and Justice (ACLJ) and see if they can free up one of their attorneys to look into this matter. If they have time to take the case, their aim will be to find resolution to this issue in a very constructive positive manner. Would it be best for the ACLJ attorneys to contact you personally or would it be best for them to contact the legal department at the University of Chicago?

On the other hand, I may be completely wrong regarding this free speech issue. Perhaps constitutionally guaranteed speech can be revoked on a web site such as this, but I doubt it. If the public forum participants are allowed the opportunity to express opinions, which are clearly the case on PB, then federal law prohibits discrimination against speech solely because it is religious in nature. Religious speech cannot be treated as pornography.

At the same time, I understand the frustration of those on the other side of this issue. The bottom line is that I believe we need to rethink how this issue can be handled on this site.

-- Ron


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poster:Ron Hill thread:4740
URL: http://www.dr-bob.org/babble/admin/20020420/msgs/4740.html