Inequality among Equals: Disparities in the Judicial Treatment of Free Speech and Religious Exercise Claims
33 Pages Posted: 6 Sep 2007
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: 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
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