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August 26, 2005
A Victory for Free Association at SIU
The Seventh Circuit of Appeals issued an order on August 22nd requiring SIU to restore a Christian group's organization status after the University revoked it because of the groups requirement that the leaders of the Christian group actually be Christian. The ruling also clarifies that nothing in state or federal law requires religious groups to not require members be part of the religion.
Many universities, including the University of Illinois have similar rules that which are just as unconstitutional yet continue to exist out of fear of students not wanting to rock the boat. These rules which are a part of "antidiscrimination policies" go far beyond and cognizable interest in maintaining order on campus. Having a group of Christians who get together and talk about the Bible is a far cry from race riots.
Universities routinely try to pre-restrict certain kinds of speech based on (usually) religious content. The University of Illinois has the same rules that prevent free association and also adds in that speech that is "evangelical" in nature cannot be funded. Talks are routinely had on why religion is a bad thing, but the religious are unable to respond because those views are not allowed on campus. This is called "viewpoint" discrimination. This is the campus that brings you "Sex Out Loud" each year, but the mere positive mention of religion apparently threatens the University to its core.
Liberty demands that people be allowed to say what they want and organize how they want unless there is a very significant reason to regulate. Only on campuses do these attempts to regulate free associate and free speech exist and finally the courts are starting to put an end to it.
Posted by John Bambenek at August 26, 2005 8:47 PM
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