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    :: Monday, June 28, 2010 ::
    More on CLS v. Martinez

    Remember Tom Lehrer's "The Folk Song Army"?
    We are the Folk Song Army.
    Everyone of us cares.
    We all hate poverty, war, and injustice,
    Unlike the rest of you squares.
    Thought I caught a little tribute, if not to that song, then at least to its "protest" against the notion that indignant liberals have a natural monopoly on moral outrage and the social stature that goes with it, in a passage in Justice Alito's dissent.

    It's when he's demolishing, one by one, the Court's recitation of Hastings College of Law's possible reasons for imposing an "all-comers policy" on its registered student organizations, notwithstanding any 1st Amendment featherruffles this may cause. One of those proffered reasons is that the school, "by bringing together students with diverse views, encourages tolerance, cooperation, learning, and the development of conflict-resolution skills." Dissent, slip op. at 29, citing Court slip op. at 23.

    With Hastings playing the role of the Folk Song Army, thinking it hates poverty war and injustice and values diversity tolerance cooperation learning and development of conflict-resolution skills unlike the rest of you squares, Alito goes on:
    Our country as a whole, no less than the Hastings College of Law, values tolerance, cooperation, learning, and the amicable resolution of conflicts. But we seek to achieve those goals through “[a] confident pluralism that conduces to civil peace and advances democratic consensus building,” not by abridging First Amendment rights. Brief for Gays and Lesbians for Individual Liberty as Amicus Curiae 35.
    Alitomania: catch it.

    And a shout-out to Gays and Lesbians for Individual Liberty. (Curia diversos amicos facet.)

    :: David M. Wagner 9:18 PM [+] ::

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