Trying not to draw standards is similarly open to abuse
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Replying to @michaelbd @HurstBlake
Viewpoint-neutrality is, as legal standards go, a standard and a relatively concrete one.
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It always comes down to free speech[or insert whatever] for me, but not for thee. Suderman hit the nail on the head a few months ago. For people like MBD and Sohrab, it’s about acquiring the power to shut down forms of behavior that dislike. Plain and simple.
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I dislike theft. I suppose that’s just my irrational private bias “stuff I don’t like.”
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We dislike theft because of the neutral principle of property rights, which I’m glad you still have some affinity for. So no, your usual go-to tactic of a snarky response to an argument is, yet again, inapt
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You’re not engaging the argument.
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Replying to @michaelbd @Scottys_Tweets and
The point is, that “viewpoint neutrality” is too abstract to be coherent. Your response to my argument is akin to saying that making a legal distinction between Pop Rocks and Heroin is just “pleasure for me but not for thee.”
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When you move from the realm of religious ideas to the realm of white powders, it is easier to draw concrete distinctions based on harm. If you apply a harm principle to religions, you get 1618.
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But the IRS does in fact have to distinguish between a religion and a non religion.
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Replying to @michaelbd @baseballcrank and
RFRA forces juries and judges to make a similar distinction. And it’s extremely difficult. There’s a great book The Impossibility of Religious Freedom that outlines the problem.
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I have other stuff to do before bed, but broadly speaking, I think it would be productive for you & I to work through some of these debates further.
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Replying to @baseballcrank @michaelbd
FWIW, it is not hard to distinguish between religious and non-religious beliefs. Courts and other govt actors do it all the time. For some discussion of this distinction, see Section IV of this brief: https://s3.amazonaws.com/becketnewsite/New-Doe-Child-8th-Cir-amicus-final.pdf …
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