The Incredible Shrinking Free Exercise Clause
…elevant, which is why the Westboro Church case will be decided strictly on free speech grounds and not as a free exercise case. Smith was immediately unpopular and congressional efforts to overturn it by statute met with limited success, leaving federal government actions that substantially burden religious practice subject to the compelling state interest test, but state and local laws exempt. The funeral privacy interest in Snyder is a generall…
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