Um, no. The University of Notre Dame is a private institution. And whatever you think of the University's strategy about the pro-life protestors, arguing that it is no more permitted to engage in viewpoint discrimination than, say, Indiana University strikes me as a very odd thing indeed for the St. Thomas More Society to argue.I think it's a very dangerous strategy, because it can easily be used by those who oppose the University's mission. In fact, I can see the protests in my mind's eye now. The Pro-Euthanasia Society. Act Up. The Richard Dawkins Fan Club. Everyone opposed to Catholic teaching on anything will want to protest here.Whether Notre Dame acted the right way with respect to these protestors is certainly a debatable question. But to argue that it does not have the right to exclude protestors based on viewpoint strikes me as an argument that is likely to be turned around in ways that the St. Thomas More Society would find deeply problematic.

Cathleen Kaveny is the Darald and Juliet Libby Professor in the Theology Department and Law School at Boston College.

Also by this author
© 2024 Commonweal Magazine. All rights reserved. Design by Point Five. Site by Deck Fifty.