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To: Rashputin; OldDeckHand
Ilya Somin at the Volokh Conspiracy pretty effectively dismantles Prof. Rotunda's arguments here.

The conviction in Garner v. Louisiana was overturned on due process, not equal protection, grounds because the State did not produce enough evidence to support a disturbing the peace conviction under the Louisiana statute.

Both Lombard v. Louisiana and Peterson v. Greenville involved trespassing convictions that were the result of police enforcing city ordinances that required segregation. The property owner in each case was compelled by law to ask the black customer/protesters to leave.

None of those three cases are applicable to what happened at the mosque. The only state action here was the police enforcing the private property owner's right to exclude people of his choosing from his property. There is certainly no law in DC that I am aware of that required the imam to exclude women from certain areas of the mosque.
49 posted on 09/16/2010 7:26:12 PM PDT by The Pack Knight (Laugh, and the world laughs with you. Weep, and the world laughs at you.)
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To: The Pack Knight
"Ilya Somin at the Volokh Conspiracy pretty effectively dismantles Prof. Rotunda's arguments here."

It's quite the exercise in absurdity, this Rotunda piece, is it not? It's surprising, considering Pajama's Media usually has quality contributors.

51 posted on 09/16/2010 7:35:39 PM PDT by OldDeckHand
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