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Dateline: 12/14/2008

Kenneth Starr speaks at law school

On Nov. 10, Kenneth W. Starr, a key figure in the impeachment of former president Bill Clinton, spoke to a law school audience in the Barbieri Courtroom.

Starr authored the Starr Report, which led to the impeachment proceedings. He is now dean and professor of law at Pepperdine University. Starr spoke here under the auspices of the William O. Douglas Lecture Series.

Dean Starr has published numerous articles on the First Amendment and recently argued the free speech case known as "Bong Hits 4 Jesus" before the United States Supreme Court.

In a speech called "The First Freedoms," he focused on First Amendment rights within the context of equality.

"The First Amendment challenges lawyers, students, even professors," Starr said, "as well as every citizen of America."

Starr traced the historical commentary of judges, political scientists and scholars on the First Amendment, presenting the views of various First Amendment theorists and how those views apply to the marketplace of ideas. He discussed cases from their theological and secular perspectives and equated religious and political speech under the First Amendment

Starr often returned to a discussion of the deeper meaning given the first freedoms by the equality principle. Among the most intriguing aspects of Supreme Court jurisprudence in the past century, he said, has been its perspective on the principle of "thou shalt not discriminate."

The court has determined that the majority has no more right to silence an individual than an individual has to silence the majority, he said.

During a question and answer session, Starr responded to questions ranging from the First Amendment to President George W. Bush and the political process of the United States.

"Just look at the participation in this historic election," he said. "Going to the polls was an exercise of our fundamental freedoms. The right to vote is implicit in the First Amendment, even though it is not explicitly stated."

In response to questions about Bush's handling of Iraq and Katrina, Starr again referred to the election: "I think it's pretty clear from the last election that the people have spoken; the process worked."

Starr also was asked about his firm's participation in a free-speech case involving a Juneau, Alaska, student accused of displaying an objectionable banner during a Winter Olympics ceremony outside his school.

In this so-called “Bong Hits 4 Jesus” case the school's principal seized the banner and suspended the student. The student's lawyers argued for punitive damages, saying the sign's seizure and the subsequent suspension violated his free-speech rights.

Starr was interested by the student speech case because he said the removal of the sign was a "good faith decision" and the school principal should not be liable to pay punitive damages. In June, 2007, the Supreme Court ruled 5-4 in favor of the school board.

The law school's William O. Douglas Committee sponsored Starr's appearance. Named for the late U.S. Supreme Court justice from Yakima, Wash., the group promotes a commitment to the freedoms of speech, religion, and assembly by hosting the lecture series.