If you don't like the endorsement test, which test do you like?
The coercion test?
Here is the tough case under the coercion test--what do you do if a particular state puts up displays in all public buildings stating that "Jesus is the Lord and Savior of the World." No one is required to affirm their belief in the statement, no one is required to bow down before it, but it is there in public announcing that the state endorses the religious doctrine that Jesus is Lord and Savior.
If you don't have a problem with that one, what about a state putting up displays in all public buildings stating that "Wicca is the true religion" or that "Jesus was a fraud who has deceived millions of gullible fools."
The coercion test won't prohibit these displays, unless we use a watered-down "Kennedyed" version of the coercion test.
Of course, nothing as extreme as this will happen in the real world, will it? Why not?
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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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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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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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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