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February 25, 2009


J. D. Hunter

Yes, private speech is protected. Private viewpoints may be expressed publicly by the private party by his own means. Using the government's/public's facilities to make the expression puts the government's face and voice on the private viewpoint and erases the private party's identity.

It is one thing to pray in public on your own behalf, quite another to get the government to join in or do it for you, on your behalf.


A federal judge cited a bunch of Talking Heads songs and song lyrics a few years ago:

diphtheria not diptheria


Well, it isn't the Supreme Court, but a much funnier example of a singer being quoted in a legal brief comes from the Seventh Circuit. The rapper Ludacris was cited in a footnote in which the court explains their correction of "hoe" to "ho." Priceless.


"Imagine" is beautiful, music and lyrics.


Isn't the Establishment Clause a restriction of government, not private, speech?

I mean, the Constitution is limiting government action in general, and precludes the GOVERNMENT from establishing a religion, not private parties.

Michael Veitch

Let's hope the judge will be quoting John Lennon when Roe V. Wade comes back before the Court-"Woman is the N***er of the World" comes to mind.Or how about "Mind Games?"

Tapen Sinha

I wonder if any other modern
singer has ever been cited by
the Supreme Court. Along with
"Yesterday", "Imagine" *is*
listed among the top 10 songs
of the century by BBC2.

Tapen Sinha

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