Under the Lemon test, government may not advance or inhibit religion.
If we take this test seriously, and apply the no inhibition rule with the same enthusiasm as the no advancement rule, where would we end up?
What kinds of governmental laws, activities, and policies have the effect of inhibiting religion?
What are your thoughts?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Welcome to the First Amendment course, a course that examines the First Amendment in quite a bit of depth. For our first two classes of F...
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