Scholars argue that the Free Exercise Clause and the Religious Establishment Clause are often at odds with one another and that, at a minimum, there is tension between them. Do you agree with this statement? Why or why not? Be sure to cite examples and cases you have read to justify your answer.
The First Amendment is clear in its protection of the freedom of expression: "Congress shall make no law ... abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the government for a redress of grievances." However, only Justices Black and Douglas have ever adhered to a literalist interpretation of the Freedom of Expression Clause. All other justices have been willing to place some restrictions on the freedom of expression. Discuss the evolution of standards the Court has used to adjudicate freedom of expression from Schenck to Brandenburg. In your answer, explain why the Court has not adhered to a single position, changing standards depending on the circumstances of the case. Why has the Court been more willing to restrict freedom of expression in certain times and has allowed more liberal standards at other times? Are you satisfied with the standards that the Court has provided? Do you feel that the standards should be more or less precise, allowing for more or less freedom in interpreting the standard? Why?
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