The Incredible Shrinking Free Exercise Clause
…vernment, but now all government at all levels—from, well, prohibiting the free exercise of religion. At least arguably, the church’s claim sounds like it falls under this right. And in fact the church did raise a free exercise claim in arguing Snyder, though the claim added nothing to the church’s defense. In fact, under current law, the church could not have a legitimate free exercise argument even though its free speech claim might be meritorio…
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