The first session of this course will discuss free speech doctrine. While the case law in this area is complex and nuanced, there are strong doctrinal foundations for most decisions. Accordingly, this class will focus on doctrine. Because religion clause case law is currently so fluid and incoherent, the second session cannot reasonably focus on doctrine. Instead, we will examine the principles and values in play in church-state disputes under the Free Exercise Clause and the Establishment Clause.
Suggested Reading: “Giving Our Better Angels a Chance: A Dialogue on Religious Liberty and Equality,” by Thomas C. Berg and Alan Brownstein. A link to this reading will be shared one week before the course.