AALS Law and Religion Panel on “Free Exercise of Religion and Free Speech”

This year’s annual AALS section on law and religion in New Orleans is hosting a panel discussion on Saturday, January 5, from 10:30-12:15, called “Free Exercise of Religion and Free Speech.” Bill Marshall (UNC), Perry Dane (Rutgers), Erica Goldberg (Dayton), Kellen Funk (Columbia), and I will be speaking, and Michael Moreland (Villanova) is chairing the panel. Much of my talk is drawn from this paper.

Here is the panel description (it’s probably fair to say that my own talk will focus on the last two items):

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.

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