Friday, June 02, 2023

Pinette: An Additional Excerpt

Here is an important passage from Justice Scalia's majority opinion that was deleted from the casebook's edited version of the case:

"Our precedent establishes that private religious speech, far from being a First Amendment orphan, is as fully protected under the Free Speech Clause as secular private expression..... Indeed, in Anglo-American history, at least, government suppression of speech has so commonly been directed precisely at religious speech that a free-speech clause without religion would be Hamlet without the prince. Accordingly, we have not excluded from free-speech protections religious proselytizing,...or even acts of worship."

 

No one writes like Justice Scalia wrote.

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