Tag: Establishment Clause

Mixed Speech: When Speech Is Both Private and Governmental

Caroline Mala Corbin - University of Miami School of Law

Is it constitutional for a state to issue a “Say Yes to Jesus” automobile license plate?  May it refuse to issue an “Aryan Nation” license plate?  May it deny a “pro-choice” license plate when it has allowed a “pro-life” one?  Under current free speech jurisprudence, the answer depends on whether… Read More »

Constitutional Agnosticism, Religious Pluralism, and the Problem of Community

Steven D. Smith - University of San Diego School of Law

The American Constitution, we are told, is a “godless” document. More precisely, it is an agnostic document; it nowhere makes any reference, whether affirming or denying, to God.  So what?
Some scholars see in this agnostic quality a constitutional mandate for governmental secularism; indeed, they may appeal directly to the agnostic… Read More »