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Politics : Actual left/right wing discussion

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From: TimF11/17/2006 1:02:19 PM
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Interesting University Student Freedom Case

volokh.com

Student Freedom and Academic Honesty:

I hope to post a bit more about the Missouri State University case, student freedom, and the compelled speech doctrine. But right now, I wanted to raise a separate question that I hadn't seen much covered in the news accounts of the story.

The student alleged -- and it appears that the university president called the allegations in the complaint "pretty much accurate" -- that a professor had tried to require that students sign a letter to the legislature promoting equal treatment for homosexuals in foster parenting and adoption. I think that's a violation of the student's academic freedom rights and First Amendment rights.

But isn't it also dishonest? Letters to the legislature are generally understood to be the opinion of the signers (except in certain well-understood circumstances, such as if the letter is signed by an agent -- such as a lawyer or a lobbyist -- on behalf of the people or organizations that the agent represents). If I send a letter with twenty people's signatures on it, I'm saying that the letter represents the people's views. The whole point of having the twenty signatures would be to suggest to readers that this is a view that many people hold, and that legislatures should pay special attention to this view. (A letter may also be intended to persuade through the force of its reasoning rather than through the number of its signatories, but if that were the only purpose, there'd be no need for any signatures, much less for many.)...

volokh.com
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