This Affects All of Us
For anyone reading this blog who has any lingering desire to see us silenced through defunding, however patently illegal that would be, I just thought I’d bring to your attention this court case:
Gay & Lesbian Students Asso. v. Gohn, 850 F.2d 361 (8th Cir. 1988).
Why this case? Gather round and I’ll tell you. Because this case applied the same First Amendment doctrine that renders unconstitutional any effort to defund the Commentator based on content. And in so doing, the Court of Appeals for the Eighth Circuit ruled that the Student Senate at the University of Arkansas could not deny funding to the school’s Gay & Lesbian Students Association.
Quoth the court: “When funds are made available, they must be distributed in a viewpoint-neutral manner.” Shall I go on?
The University contended that it was appropriate to deny funding to the GLSA, as they might advocate homosexual sodomy, which was illegal in Arkansas at the time (pre-Lawrence). To which the court said, and this is good stuff here, so listen well:
True, sodomy is illegal in Arkansas. However, the GLSA does not advocate sodomy, and, even if it did, its speech about an illegal activity would still be protected by the First Amendment. People may extol the virtues of arson or even cannibalism. They simply may not commit the acts . . . Conduct may be prohibited or regulated, within broad limits. But government may not discriminate against people because it dislikes their ideas.
Of course, I must emphasize that the Commentator, like the GLSA, has never advocated illegal activities. (Other than underage drinking.) But, like the GLSA, even if we had . . .
Ah, the refreshing ring of directly applicable reasoning. Quiroz, Kieffer, Le, Cortez: any questions?
