David French: Responding to Professor Eugene Volokh (the sequel: CLS v. Martinez)
David French, Director of the ADF Center for Academic Freedom, writing at National Review’s Phi Beta Cons blog: “What conceivable state interest exists in requiring open membership by expressive organizations? At its core, this case is nothing more and nothing less about the state using its nondiscrimination policy (a policy that was in part designed to protect religious expression) to exclude an organization it does not like. I hate to sound like a broken record, but I have to go back once again to Healy: A government actor cannot compel indirectly a result that it is constitutionally prohibited from achieving directly. 408 U.S. at 183.”
Part III: Volokh: Christian Legal Society v. Martinez and the Court’s University Speech Decisions
Part II: French: A Preliminary Response to Professor Volokh
Part I: Volokh: No Duty To Subsidize Student Groups’ Discriminatory Officer and Member Selection Decisions