Inequality among Equals: Disparities in the Judicial Treatment of Free Speech and Religious Exercise Claims

33 Pages Posted: 6 Sep 2007

See all articles by Patrick M. Garry

Patrick M. Garry

University of South Dakota - School of Law

Abstract

The constitutional models governing the religion clauses of the First Amendment have undergone significant transformations. These transformations have sought to bring a greater consistency and historical harmony to the Court's religious liberty decisions. The success of this endeavor can be gauged in part by comparing the judicial treatment of religion clause claims with free speech claims. However, such a comparison reveals that the former occupy a lower constitutional status than do the latter.

Keywords: First Amendment, Religion, Free Speech, Establishment Clause, Exercise Clause

JEL Classification: K10, K19, K30, K39

Suggested Citation

Garry, Patrick M., Inequality among Equals: Disparities in the Judicial Treatment of Free Speech and Religious Exercise Claims. Wake Forest Law Review, Vol. 39, No. 2, 2004, Available at SSRN: https://ssrn.com/abstract=1011265

Patrick M. Garry (Contact Author)

University of South Dakota - School of Law ( email )

414 E. Clark Street
Vermillion, SD 57069
United States

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