Sessions Information

  • January 5, 2019
    10:30 am - 12:15 pm
    Session Type: Section Programs
    Session Capacity: N/A

    Free exercise of religion and freedom of speech are both protected by the First Amendment, but how are they related? Prominent recent cases such as Masterpiece Cakeshop v. Colorado Civil Rights Commission and NIFLA v. Becerra raised claims about religiously motivated speech, and this program will explore the historical, theoretical, and doctrinal relation between freedom of speech and free exercise of religion. Among the topics addressed will be the significant doctrinal differences between constitutional claims for free speech and free exercise, the argument that free speech and free exercise are in some sense reducible to each other, the historical development of freedom of speech and religious free exercise in political theory and American constitutional law, and the current view that some values (such as anti-discrimination norms or protection against hate speech) should outweigh rights of free speech or freedom of religion

    Business meeting at program conclusion.

Date & Time
Perry Dane, Rutgers Law School

Marc O. De Girolami, St. John's University School of Law

Erica Goldberg, University of Dayton School of Law

William P. Marshall, University of North Carolina School of Law

Michael P. Moreland, Villanova University Charles Widger School of Law

Session Fees
  • [5290] Law and Religion, Co-Sponsored by Constitutional Law - Free Exercise of Religion and Freedom of Speech: $0.00
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