FAC.1 (First Amendment Conversations) — Larry Tribe on Free Expression

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1 Response

  1. Brian says:

    His ET analogy is flawed. He conflates “exercising religion” with “strict scrutiny analysis”. No reasonable Individual would suggest ET’s “smok[ing] grass as part of a sincere religious ritual in front of the White House” is NOT an exercise of religion. What could reasonably be in dispute is whether (a) a prohibition on such a practice is a generally applicable law which is otherwise neutral towards religion in order to meet the requirements of the Free Exercise clause and (b) whether such a prohibition, as applied specifically to ET, advances a compelling government interest and represents the least restrictive means of advancing said interest.