The appeals court said the school district was not discriminating between viewpoints but rather had decided to exclude the program based on its content of "religious instruction and prayer".
Elsewhere Dershowitz has argued that he would "not major in political science at Brooklyn College for fear that my support for Israel and my opposition to BDS might prejudice me in the eyes of professors whose department has endorsed BDS, thus discriminating against my viewpoint in the marketplace of ideas".
The decision, written by Judge Pierre Leval, said the city did not improperly discriminate against viewpoints or trample on free exercise of religion when it barred an evangelical group, the Bronx Household of Faith, from holding its Sunday services at Public School 15.
Second, on a broader scale the government may not discriminate against viewpoints in any instance where it is funding a private entity to promote a diversity of views.
To summarize: It is never permissible for a school to discriminate based on viewpoint.
When deciding whether to do so, it may "discriminate based on viewpoint," she says, unlike a government agency, which generally must be content-neutral when regulating the use of public space.
And it is never permissible for a government agency, including a school, to discriminate based on viewpoint (as an example, to allow only laudatory columns about the school board and not critical ones).
Subtle change of the nanometer-scale structures with the deposition angle was clearly discriminated from the viewpoint of transient catalytic activity.
The complaint says Walker's inquiry will have a "chilling effect" on Exxon's ability to engage in the climate change debate, and "discriminates based on viewpoint to target one side of an ongoing policy debate".
"The chilling effect of this inquiry, which discriminates based on viewpoint to target one side of an ongoing policy debate, strikes at protected speech at the core of the First Amendment," wrote Wells and the Exxon legal team.
Finding this would indicate that some of the VCRT performance relies on the same ability relevant to discriminating novel objects across different viewpoints, providing further evidence for a domain-general visual ability.
