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Right to Belong: Does the Christian Legal Society have the right to exist?

Reblogged from abajournal.com: Supreme Court Report: By David L. Hudson, Jr

Right to Belong: Christian Group says it does; California law school says it doesn’t.

“Law professor Erwin Chemerinsky is monitoring the case of Christian Legal Society v. Martinez with a keen eye. One reason is substantive: The case features a clash between the rights of schools to enforce their nondiscrimination policies and student religious groups’ rights of freedom of association. The U.S. Supreme Court is scheduled to hear arguments April 19.”

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Illegal discrimination against Christians on public university campuses is pervasive and must be confronted. The Constitution has something to say about this—and so should you. Speak Up

Preserving the Message of the Gospel

Posted on March 26th, 2010 freedom of association | No Comments »

Does a desire to preserve the expressive message of a Christian student group conflict with Christ’s call for us to “make disciples of all nations”?  That is the basic question posed by a comment to Greg’s “First CLS, Then the Klan?” post:

As a Christian law student I wonder how we are suppose to reach other people if we keep them out of our groups? Did Jesus speak only to Jews? I don’t know how I am suppose to live like Jesus if I am to seperate [sic] myself from anything that doesn’t believe. Just like Jesus spoke to the Samaritan women and the “sinners” we need to create a space for people of different beliefs to feel comfortable and learn about Jesus without feeling ostracized. Why would we want a club where only chritians [sic] can meet? We should remember that Jesus came for the sick not the healthy.

I agree with the premise of this comment, which is that Jesus came to seek and save the lost.  (Luke 19:10.)  Jesus’ message is one of hope and grace, of showing people that they need to stop running from God and start running toward Him.  Christ’s message was not just for Jews, but also for Gentiles.  But Jesus’ purpose—or message of salvation—does not conflict with His commandment to take this message to “all nations.”

The lack of conflict is evident in who Christ selected to spread His message.  He did not select unrepentant sinners or even those who thought of themselves as the most righteous under the Law.  Rather, Christ selected apostles who believed in Him and his message of salvation.  Those who were unwilling to repent were not the leaders of the early Church.  What happened when some early members of the Church argued that in order to be a true Christian, you had to continue to uphold the old Law?  Paul opposed them and said that they were not preaching the “truth of the gospel.”  (Galatians 2:14.)  Paul and the other apostles maintained the message of Christ by ensuring that false brothers did not infiltrate their ranks.  This occurs throughout the New Testament.  One of the consistent warnings for the early Church from Paul and the other apostles was not to be misled by false teachers.  (See, e.g., Acts 20:28-31; 2 Corinthians 11:1-15; 1 Timothy 1; Titus 1:10-16; 2 Peter 2; 2 John; and Jude.) Keep reading… »

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ADF Senior Legal Counsel - University Project

UC Santa Cruz Professor Urges California Legislature to Consider the Lack of Intellectual Diversity on Campus

Posted on March 25th, 2010 Thought Reform | 1 Comment »

When academic institutions refuse to permit dissenting voices, they do not only hurt the dissenters.  They also damage the quality of the education they provide, even for those who agree with the prevailing view.  John Ellis, President of the California Association of Scholars and Professor Emeritus of German Literature at UC Santa Cruz, explains this downward spiral in a statement submitted to the California Legislature’s Joint Committee on the Master Plan for Higher Education:

The clearest indication of how serious the lack of intellectual diversity has become is the state of Political Science departments in the University of California.  Surveys have found that many of them are almost exclusively staffed by professors who are politically left of center.  In any department, this would be regrettable, and suspicious.  But in a politics department, the lack of intellectual diversity in political thought raises a serious question of competence.  Departments that exclude one half of the spectrum of thought in their field are simply incompetent departments.  They can’t provide students with a challenging intellectual environment where they learn to think for themselves, and know that whatever position they take, they will have to face tough scrutiny from contrary opinion.  One has to wonder: what kind of professor of politics would want a department like that?  And how did we come to appoint them?  If accountability is your concern, why not ask those simple questions of the university?

Let me be quite clear:  my concern here has nothing to do with being fair to conservatives. . . .  It’s a far more serious matter than that, and it should concern everyone, whatever their political opinions.  It’s about the dumbing down of education.  One-sided departments can’t educate.  John Stuart Mill put the point best when he said: “He who knows only his own side of the case, knows little of that.”  What Mill is saying here is that you don’t really understand the case for the left until you also thoroughly grasp the case for the right, because the one is an answer to the other and so each is a necessary part of understanding the other.  If leftist professors think they can simply present the other side’s case themselves, Mill had this devastating response: “Both teachers and learners go to sleep at their post as soon as there is no enemy in the field.” And for that reason, he went on to say, the student must “be able to hear [the arguments] from people who actually believe them, who defend them in earnest, and do their very utmost for them. He must know them in their most plausible and persuasive form.”

If you follow this thought, you’ll see that it is not just the side that is excluded that suffers.  In fact, the side that does the excluding suffers the most intellectually.  A political monoculture sooner or later always degenerates into extremism and incoherence, because it needs an opposition to keep it healthy.  Only your intellectual enemies have the motivation to pick off your weaker arguments and keep you intellectually sharp.  The proof of this proposition is there for anyone to see.  The general public has a very low opinion of the campus political culture, and that is exactly what we should expect to be the fate of any political monoculture.  A lack of intellectual diversity hurts both left and right.

Due to the lack of intellectual diversity, Professor Ellis went on to describe the University of California system as “the most degraded campus climate I have seen in my lifetime.”  Given that Professor Ellis has been teaching at UC Santa Cruz since 1966, that says something. Keep reading… »

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ADF Blackstone Fellow - University Project

The Sweet Sixteen of Liberty

One of the downsides of defending First Amendment rights on campus for a living is that you begin to think of universities as the sum of their speech code parts.  Rather than fight this tendency, I decided to try picking an NCAA tourney bracket based on how the games should come out if it was based on the schools’ commitment to the First Amendment rights of students.  The Secretary of Education has suggested banning teams with low graduation rates from the tournament.  Perhaps banning those with a red light rating from FIRE might also be considered.  (O.K., both are bad ideas, but bear with me).

The first two rounds have seen mixed results from a First Amendment perspective.  For instance, Murray State, President Obama’s upset special that did knock off Vandy in its first round game before succumbing to Butler, had the “speech code of the month” (not a good thing) for March.  And Cal. Berkeley–the flagship of a UC system that has decided that it will simply ban expressive association on campus–beat Louisville in the first round but is now at home after being dispatched by Duke.  Perhaps if the Cal. men’s basketball team hadn’t been required to give playing time to people who oppose basketball it might have fared better.  That’s what an open membership policy will do for you.

Keep reading… »

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Senior Counsel - Life

Judge Rules Professor's Opinion Columns Are Not Protected by the First Amendment

Posted on March 17th, 2010 Uncategorized | 12 Comments »

A federal judge ruled Monday that nationally syndicated opinion columns written by a criminology professor at the University of North Carolina-Wilmington are not protected by the First Amendment because he referred to them on a promotion application.

ADF attorneys argue that the university refused to promote Dr. Mike Adams to full professor because of his religious beliefs and political viewpoints, as espoused through his columns.  They are considering their options for appealing the decision.

“Christian professors should not be discriminated against because of their beliefs.  No university should refuse promotion to an accomplished professor simply because it disagrees with his religious and political views,” said ADF Senior Counsel Jordan Lorence.  “We disagree with the court’s assessment that Dr. Adams’ speech is somehow not protected by the Constitution.  Opinion columns are classic examples of free speech protected by the First Amendment, and mentioning them on a promotion application does not change this fact.”

Adams frequently received accolades from his colleagues after the university hired him as an assistant professor in 1993 and promoted him to associate professor in 1998 when he was an atheist.  However, intrusive investigations, baseless accusations, and the denial of promotion to full professor followed his conversion to Christianity in 2000, even though his scholarly output surpassed that of almost all of his colleagues. Keep reading… »

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ADF Litigation Staff Counsel ADF Center for Academic Freedom

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