Religious Liberty, Vol. 5: The Free Speech and Establishment Clauses, 1st Edition

  • Volume 5
  • Douglas Laycock
  • Published By: Wm. B. Eerdmans Publishing Company
  • ISBN-10: 1467451630
  • ISBN-13: 9781467451635
  • DDC: 342.730852
  • Grade Level Range: 12th Grade - College Senior
  • 1104 Pages | eBook
  • Original Copyright 2018 | Published/Released May 2019
  • This publication's content originally published in print form: 2018
  • Price:  Sign in for price



One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious liberty cases in the U.S. appellate courts and Supreme Court. His noteworthy scholarly and popular writings are being collected in four comprehensive volumes under the title Religious Liberty.

In this final volume, Laycock documents the use of the Constitu¬tion’s Free Speech Clause and Establishment Clause in legal briefs, scholarly and popular articles, House testimonies, and written debates. These two clauses have been vitally important in religious-liberty cases concerning religious speech in schools, politics, and the workplace, government funding of religious schools and social services, and the meaning of separation of church and state.

Table of Contents

Front Cover.
Half Title Page.
Emory University Studies in Law and Religion.
Title Page.
Copyright Page.
Preface to Volume 5.
Introduction: The Free Speech and Establishment Clauses.
Freedom of Religious Speech.
Religious Speech in Public Schools and Universities.
1: Equal Access and Moments of Silence: The Equal Status of Religious Speech by Private Speakers.
2: Board of Education v. Mergens.
3: The Students Won! The Supreme Court Enforces the Equal Access Act.
4: Rosenberger v. Rector and Visitors of University of Virginia.
5: The Good News Club v. Milford Central School.
6: Morse v. Frederick.
7: High-Value Speech and the Basic Educational Mission of a Public School: Some Preliminary Thoughts.
8: Christian Legal Society Chapter of University of California, Hastings College of the Law v. Martinez.
9: Letter to Vanderbilt University.
Religious Speech in the Political Process.
10: Freedom of Speech That Is Both Religious and Political.
11: People v. Pinkney.
12: Don't Repeal the Johnson Amendment, Fix It: Free Speech in the Pulpit.
Religious Speech in the Workplace.
13: Senate Testimony on EEOC Guidelines on Religious Harassment.
14: Religious Harassment or Free Speech? Few Answers from EEOC.
15: Religion in the Workplace.
The Establishment Clause.
Religious Speech with Government Sponsorship.
Prayers, Ceremonies, and Religious Instruction.
16: Edward Schempp and His Family.
17: Lee v. Weisman.
18: Senate Testimony on Religious Equality Amendments.
19: Adler v. Duval County School Board.
20: Santa Fe Independent School District v. Doe.
21: Santa Fe Independent School District v. Doe.
22: Elk Grove Unified School District v. Newdow.
23: Elk Grove Unified School District v. Newdow.
24: Under God? Pledge of Allegiance Constitutionality.
25: Is Teaching Intelligent Design Illegal? A Debate.
26: Voting with Your Feet Is No Substitute for Constitutional Rights.
27: Town of Greece v. Galloway.
28: Town of Greece v. Galloway.
Passive Displays.
29: Van Orden v. Perry.
30: McCreary County v. American Civil Liberties Union.
31: A Monumental Decision: High Court Considers Constitutionality of Ten Commandments Displays on Public Property.
32: How to Be Religiously Neutral.
33: Salazar v. Buono.
34: Government-Sponsored Religious Displays: Transparent Rationalizations and Expedient Post-Modernism.
Government Funding of Religious Institutions.
Charitable Choice, or the Faith-Based Initiative.
35: Debate 2: Should the Government Provide Financial Support for Religious Institutions That Offer Faith-Based Social Services?.
36: Senate Testimony on Charitable Choice.
37: 2001 House Testimony on Charitable Choice.
38: 2010 House Testimony on Charitable Choice.
Funding Religious Education.
39: Joint Statement by Church-State Scholars on School Vouchers and the Constitution: What the United States Supreme Court Has Settled, What Remains Disputed.
40: House Testimony on Supreme Court's School Choice Decision.
41: The Mistakes in Locke v. Davey and the Future of State Payments for Services Provided by Religious Institutions.
42: Why the Supreme Court Changed Its Mind about Government Aid to Religious Institutions: It's a Lot More Than Just Republican Appointments.
Funding for the Church Itself.
43: Letter to Chris Smith and Grace Meng re Disaster Relief for Churches.
44: Churches, Playgrounds, Government Dollars—and Schools?.
The Establishment Clause Attack on Exemptions.
45: Board of Education of the Kiryas Joel Village School District v. Grumet.
46: The Church-State Game: A Symposium on Kiryas Joel.
47: Cutter v. Wilkinson.
48: Letter to Senator Mark Kolterman.
49: Letter to Oklahoma Legislators.
50: Letter to Governor Mary Fallin.
51: The Many Meanings of Separation of Church and State.
52: The Underlying Unity of Separation and Neutrality.
53: The Many Meanings of Separation.
54: Secularization in the U.S.: Overblown or Underestimated?.
55: Book Review: Reviewing Thomas E. Buckley's Establishing Religious Freedom: Jefferson's Statute in Virginia.
Titles Published in Emory University Studies in Law and Religion.