The Public Funding Requirement
The Public Funding Requirement
Tax Exemptions, Student Forums, and Government Orthodoxies
Chapter 4 shows how some forms of government funding are indispensable to the vision of Confident Pluralism. Using as a case study the 1970s magazine, Big Mama Rag, this chapter explains why the government's discretion with its money—or rather, with our money—is not unlimited. Confident Pluralism argues that when government actors create and maintain generally available funding that facilitates a diversity of viewpoints and ideas, they may not constrain that funding based on viewpoint or ideology. This principle applies to the scheme of federal tax exemption at issue not only in Big Mama Rag but also in a well-known Supreme Court decision, Bob Jones University v. United States. And it encompasses the kinds of forums for student organizations on public college and university campuses underlying the Court's decision in Christian Legal Society v. Martinez. Let's call this the Public Funding Requirement.
Keywords: funding, tax exemption, Big Mama Rag, Bob Jones University, Christian Legal Society v. Martinez
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