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First Amendment: Religion

Constitutional Law Case Comment

Three Hail Marys: Carson, Kennedy, and the Fractured Détente over Religion and Education

Comment on Carson v. Makin and Kennedy v. Bremerton School District

Vol. 136 No. 1 November 2022
  • Justin Driver
First Amendment Note

Blasphemy and the Original Meaning of the First Amendment

Vol. 135 No. 2 December 2021 Until well into the twentieth century, American law recognized blasphemy as proscribable speech. The blackletter rule was clear. Constitutional liberty entailed a right to...
First Amendment: Religion Reflection

Reflection on Tanzin v. Tanvir: Q&A with the Plaintiffs*

Vol. 135 No. 1 November 2021 In Tanzin v. Tanvir,. the U.S. Supreme Court held that plaintiffs suing under the Religious Freedom Restoration Act of 1993 (RFRA) can seek money...
Constitutional Law Case Comment

The Principle and Politics of Liberty of Conscience

Vol. 135 No. 1 November 2021 Introduction “[W]hat should replace Smith?” That was Justice Barrett’s main question in Fulton v. City of Philadelphia. She expressed serious misgivings about the governing...
  • Nelson Tebbe
Freedom of Religion Note

Constitutional Constraints on Free Exercise Analogies

Vol. 134 No. 5 March 2021 The liberty enjoyed by the People of these States, of worshipping Almighty God agre[e]able to their Consciences, is not only among the choicest of...
Constitutional Law Leading Case

Our Lady of Guadalupe School v. Morrissey-Berru

Vol. 134 No. 1 November 2020 Eight years ago, the Supreme Court held in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC that religious institutions are immune from employment discrimination...
Constitutional Law Leading Case

Espinoza v. Montana Department of Revenue

Vol. 134 No. 1 November 2020 The Religion Clauses of the Constitution have proven difficult for the Supreme Court to untangle. Critics of the Court’s fractured Religion Clauses jurisprudence have...
First Amendment: Religion Note

The Establishment Clause and the Chilling Effect

Vol. 133 No. 4 February 2020 When the government passes a law, it often regulates conduct. People and organizations adjust their behavior to fit the legal rule; if a law...
Constitutional Law Note

Of Priests, Pupils, and Procedure: The Ministerial Exception as a Cause Of Action for On-Campus Student Ministries

Vol. 133 No. 2 December 2019 In 1972, the Fifth Circuit recognized a First Amendment right for religious ministries to select their own religious ministers and manage the employment relationship...
First Amendment Recent Case

State v. Arlene’s Flowers, Inc.

Washington Supreme Court Limits Masterpiece Cakeshop to the Context of Adjudications.

Vol. 133 No. 2 December 2019
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