Leonard Rojas

Reynolds case:

• earliest free-ex case
• outsider groups tend to focus on free-ex
  • communitarian viewpoint
• belief v. action
  • belief is free
  • action can be regulated
• cannot target specific religion
• law of general app:
  • burdens free-ex for a few
    • when permissible, when not?
  • if exception needed, under what conditions?
  • constitutional?
  • rational basis/goal?
    • very low legal standard/threshold

Gobitis case (1940)

• exception?
• exercise in discipline
• rejects JW arguments, upholds salute

Barnette (1943)

• overturns Gobitis
  • dissent ultimately replaces majority
• JWs discriminated against in aftermath
• WWII context
• competing interests
  • promote patriotism
  • free-ex
• coercion not a good basis for unity
  • other means available
• strict scrutiny
• compelling interest
• when is imposition of burden allowable?
  • clear and present danger

Cantwell v. CT (1940)

• another JW case
• solicitors must have license for door-to-door activity
• unequally applied as a matter of policy
  • JWs always denied on application
  • eventually stopped applying
  • proselytized anyway
• no “time place & manner” restrictions
• anti-Catholic rhetoric
  • incitement to riot

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