The Rise and Decline of the Constitutional Protection of Religious Liberty

JH Choper - Neb. L. Rev., 1991 - HeinOnline
Cantwell involved a group of Jehovah's Witnesses who canvassed a neighborhood playing
anti-Catholic records on a portable phonograph in an effort to sell religious materials and …

Freedom of Thought and Religious Liberty Under the Constitution

LB Boudin - Law. Guild Rev., 1944 - HeinOnline
… In the only case which involved a State statute, aside from the second Flag Salute case,
that of Cantwell v. Connecticut,2 the statute involved was not declared unconstitutional, even …

Religious Disestablishment and the Fourteenth Amendment

JM Snee - Wash. ULQ, 1954 - HeinOnline
Mr. Justice Cardozo, concurring in Hamilton v. Regents, 1 assumed that the religious liberty
protected by the First Amendment against invasion by the nation is protected by the …

Employment Division v. Smith: Creating anxiety by relieving tension

R Mykkeltvedt - Tenn. L. Rev., 1990 - HeinOnline
In Cantwell v. Connecticut1 the Supreme Court held the first amendment's free exercise clause
prevented government from" unduly" restricting religiously motivated behavior even in the …

The Case of the Checker-Board Ordinance: An Experiment in Race Relations

BI Bittker - The Yale Law Journal, 1962 - JSTOR
IN 1963, the Town of New Harmony, Illinois, adopted a so-called" checkerboard ordinance,"
under which every residential building lot within its corporate limits was classified as either" …

New York's Get Laws: A Constitutional Analysis

ES Nadel - Colum. JL & Soc. Probs., 1993 - HeinOnline
On July 17, 1992, the State of New York added two amendments (the" EDL amendments")
to its equitable distribution law. 1 The EDL amendments provide that" the court shall, where …

Avitzur v. Avitzur: The Constitutional Implications of Judicially Enforcing Religious Agreements

ER Lieberman - Cath. UL Rev., 1983 - HeinOnline
… 6' The Court's attention in Cantwell v. Connecticut,62 moved from "neutral principles" and
deference to church polity to the constitutionality of government regulations when reviewing …

Toward a Theory of First Amendment Process: Injunctions of Speech Subsequent Punishment and the Costs of the Prior Restraint Doctrine

WT Mayton - Cornell L. Rev., 1981 - HeinOnline
The prior restraint doctrine precludes, except in certain limited circumstances, state-imposed
restraints with respect to the publication of speech.'As presently understood, this doctrine …

[PDF][PDF] Symposium: A Second-Class Constitutional Right? Free Exercise and the Current State of Religious Freedom in the United States

VM Bonventre - Albany Law Review, 2007 - albanylawreview.org
… of ordered liberty” and about which “neither liberty nor justice would exist if they were
sacrificed”); Cantwell v. Connecticut, 310 US 296, 310–11 (1940)(emphasizing that “[i] n the realm …

the Right to Die

WP Cannon - Hous. L. Rev., 1969 - HeinOnline
Some people want to die. Consider'long-suffering" Job. It fell his lot to be singled out and
used as a pawn in deciding a moral debate between God and Satan. 1 Job's property was …