Religion in the Public Square

Abstract

Political discourse often borrows constitutional doctrine to twist it to serve the political speaker’s own ends. It is up to academics and the courts to illuminate how constitutional values have been warped or transformed in the political process and to steer public discourse onto a more reliable course. In this Chapter, I discuss how those advocating for religious entities have borrowed the term ‘public square’ from the Supreme Court’s free speech doctrine in an attempt to gain leverage for their public policy positions. By using ‘public square’ as they do, they are not only misrepresenting the actual constitutional value of their position, but also exaggerating its moral appeal.

Keywords: religion, law, philosophy, constitutional law, establishment clause, first amendment