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Teaching Freedom: Exclusionary Rights of Student Groups
- Author(s):
- HC Admin (see profile) , Joan W. Howarth
- Date:
- 2008
- Group(s):
- MSU Law Faculty Repository
- Subject(s):
- Civil rights, Discrimination--Law and legislation, Constitutional law, Educational law and legislation, Youth--Legal status, laws, etc., Sex and law, Constitution (United States)
- Item Type:
- Article
- Tag(s):
- exclusionary, student groups, U.C. Davis L. Rev., FacPubs, Civil rights and discrimination, Education law, Juvenile law, Sexuality and the law, First Amendment
- Permanent URL:
- http://dx.doi.org/10.17613/hfc2-ax80
- Abstract:
- Progressive, antisubordination values support robust First Amendment protection for high school and university students, including strong rights of expressive association, even when those rights clash with educational institutions' nondiscrimination policies. The leading cases addressing the conflicts between nondiscrimination policies and exclusionary student groups are polarized and distorted by their culture war context. That context tainted the leading authority, Boy Scouts of America v. Dale, and is especially salient in the student expressive association cases, many of which are being aggressively litigated by religious groups with strong antihomosexuality goals. The strength of these First Amendment claims can be difficult to recognize in this context. Dean Howarth attempts to hold new ground, in which protecting the First Amendment association rights of exclusion by even antihomosexual student groups is consistent with a deep commitment to improved justice for sexual minorities. Dean Howarth discusses the leading high school and law school cases, and presents the strong First Amendment doctrinal analysis that should control. She critiques as weak the equality claim at stake in preventing a faith-based student group from limiting its membership and officers to adherents of that faith.
- Metadata:
- xml
- Published as:
- Journal article
- Status:
- Published
- Last Updated:
- 2 years ago
- License:
- Attribution-NonCommercial
facpubs13fulltext.pdf