PLS 315-01

Cantwell (1940 JW case) cont’d

  • evangelism: d2d
  • record player w/ religious message
  • no “soliciting” license
  • anti-Catholic message
  • charged w/ “incitement to riot”
  • state licensing law not neutral/applied equally to all
    • subjective
    • open to individual judgment @ lic.board
  • time/place/manner
  • can religious activity be regulated if it incites harm?
    • breach of peace; clear & present danger
  • offensive speech protected
  • incorporation: 14th Am. includes 1st Am. (applicable to states)

Reynolds about “does law serve rational purpose?”

  • federal law, because US territory instead of State

Sherbert v. Verner (1963)

  • Seventh-Day Adventists
  • Saturday sabbath
  • unemployment benefits denied
    • unemployed “by choice”
    • “chose” religion over employment
  • law burdens free-ex of Sat. sabbath observances
  • *** HANDOUT: Compelling State Interest Test ***

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