This is the Cato Daily Podcast for Thursday, July 8, 2010. I'm Caleb Brown.

A recent Supreme Court decision keeps the tension alive between free association and

publicly funded university education.

Neil McCluskey Associate Director of the Cato Institute's Center for Educational Freedom

says that persistent struggle threatens academic freedom as well.

CLS v Martinez comes from a case

at the Hastings School of Law in California which is a public law school.

And there is a branch of the Christian Legal Society, which is a student-run, student-led organization of Christian law students at Hastings.

And what Hastings said was that that group, as long as it had a rule that essentially said people who run to be

officers or who are officers must agree to essentially monogamous heterosexual relationships and sex only

within marriage. Only people who agree with that can be officers or run to be

officers and the school said that this is in factual dispute it seems like the

school first said that violates our non-discrimination policy based on sex

religious religion sexual orientation race and things like that.

They later said, and this is what the majority ruled on, the majority of the court saying

that, no, what they had is you must have an all

comers policy which anybody can join the group so a Muslim can join a Jewish group and run for an officer ship there a republic a

Republican and join a Democratic group and run for

for officership there.

And what the court would end up saying was,

there was nothing unconstitutional,

this public law school telling groups that they must have

...