Con Law-Freedom of Speech Flashcards

1
Q

To establish a violation of the Free Exercise clause, the challenger must show…..

A

intent to target religion by the government. when such intent is established, courts will employ strict scrutiny over the government action, which often invalidates the restriction in question.

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2
Q

Under the Free Exercise clause, States may prohibit or regulate conduct in general, and this is true even if….

A

the prohibition or regulation happens to interfere with a person’s religious practices.

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3
Q

The Free Exercise clauses cannot be used to challenge a law of general applicability UNLESS..

A

it can be shown that the law was motivated by a desire to interfere with religion.

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