CLS v Martinez: David French: The Bad Fruit of a Poisonous Tree

CLS v Martinez: David French: The Bad Fruit of a Poisonous Tree June 28, 2010

I just got off the phone with David French, senior legal counsel for the Alliance Defense Fund.  A more thorough rendering of the conversation will be available soon, but for now, here is a rough and ready transcription of one part I found especially interesting:

“In many ways I see this case as the fruit of the poisonous tree of a previous bad Supreme Court decision.  That previous bad Supreme Court decision is the Board of Regents of the University of Wisconsin Sysm v. Southworth.  In that case the Supreme Court ruled that they can force students to pay money into a pool that is then used to fund student organizations that other students abhor.  In other words, you are forced to fund speech that you abhor.

“Typically, outside of the campus, you cannot do that.  It would be considered forced speech, a violation of your rights of conscience.  But in the Southworth case, the Supreme Court said, in a university environment….we’re going to allow the university to require students to pay for all kinds of student organizations.  So they are forced to fund even the student groups they find abhorrent.

“In Ginsberg’s opinion, she says, under the all-comers policy, no student can be excluded from a group they are forced to fund.  So you see the direct line of thinking…You take a bad decision, that students may be forced to fund groups that they find abhorrent…and you conclude that no student should be excluded from a group the student is forced to fund.  What you’ve done is in essence you have plucked the fruit of the poisonous tree here.

“Underlying a lot of the court’s decision was this mindfulness of the Southworth regime that they created where they forced students to fund expression.  They viewed it through that prism.  It obviously impacted the court.  In fact, it’s one of the first things mentioned as a justification for the decision.”

More soon.

Browse Our Archives

Follow Us!

What Are Your Thoughts?leave a comment
  • RT @patheos: CLS v Martinez: David French: The Bad Fruit of a Poisonous Tree #patheos #zoecity

  • i love here very much, good article.

  • very good.ilike your post.

  • good,better,best.

  • This soft golden-pink liquid pearl glides on for a breathtakingly luminous complexion. Twistbenefit makeup uk up & pat on over makeup or wear alone for a dewy luxurious lit-from-within glow. It’s pure pearly pleasure!

  • What your talking about Diesel Bootcut Jeansis the spin being given to the case by Michael McConnell…I will not accept that somehow liberty is being suppressed just g star rawbecause religious groups cannot get money from a university. That is a real distortion.”

  • You can find some interesting points therein article but I don’t know if I see all of them centre to center . MBT health shoes There’s some validness but I will get maintain judgment till I search into it further. Good clause, thanks and we want extra! Extra to FeedBurner also.

  • 851568 beers on the wall. sck was here

  • I really appreciate your article, in fact I think you deserve a thumbs up.whyhpIIfBkAwovr

  • hey i really like reading this article! It make feel so real! And your glog is nice, and amaze me in some weird way, but it really make me feel good,though! You should work on your theme, it is not so good !
    Timberland Shoes
    Timberland Boots Sale
    Timberland UK boots

  • your artical give me much more useful information. thanks for your help. i’ll suggest my friends to read your artical.Nice one, there is actually some good points ony readers may find this useful, I must send a link, many thanks.Took me awhile to read all the comments, but I really love the article. It proved to be very useful to me and I am sure to all the commenters here!

  • It’s really a nice and helpful piece of information. I’m glad that you shared this us. Please keep us informed like this. Thanks for sharing.

  • Thanks for visiting the new jordan shoes onlin shop! Everything is 100% Authentic and Deadstock in box. Look for great new Air Jordan, Nike Dunk, and Nike Retro.jordan shoes.

  • 2347079 beers on the wall. sck was here

  • I will keep your new article. I really enjoyed reading this post, thanks for sharing.

  • Are you an animal lover? thomas sabo offers a variety of animal design charms. You can go for rare and exotic to cute and cuddly. All animal charms are sterling silver that is polished for beautiful shine.thomas sabo charm bracelet There is a charm that represents the birthstone for every month. They are beautiful and will dazzle even the most unobservant eye. Along with this, why not add the zodiac sign.thomas sabo jewellery charm bracelet created in a Cameo style. Each one is carved to represent the individual personalities of every sign.

  • Nike has developed a brand that has global reach striving to bring inspiration and innovation to every athlete in the world. Over the years Nike has partnered with the world greatest athletes to build their brand recognition and reach, masterfully demonstrating the power of image marketing. Nike communicates to a wide variety of sporting and lifestyle segments while retaining its focus on high performance athletes. Like Puma, Nike has extended their brand through concept retail stores, event sponsorships, online customization services, and co branding with design savvy companies. The Nike brand differentiates itself from Puma by focusing on performance driven style, whereas Puma communicates lifestyle driven style. The Nike brand goes head to head with the Adidas brand on the sports performance front, iercely competing to improve performance through technological innovation.

  • I’ve said that least 4753266 times. The problem this like that is they are just too compilcated for the average bird, if you know what I mean