Cheap spirits, cigarettes, and free speech: the implications of 44 Liquormart

Article Abstract:

The US Supreme Court's unanimous invalidation of a state law banning advertising of liquor prices in 44 Liquormart, Inc. v. Rhode Island left unresolved why the Court is unwilling to employ the traditional intermediate scrutiny test for commercial speech. Four justices appear to support using the general test for freedom of speech, but a majority of the Court was unwilling to abandon the idiosyncratic treatment of commercial speech. It would appear that the majority is concerned that expanded commercial speech rights might impair the regulatory authority of states and municipalities.

Cases, Laws, regulations and rules, Freedom of speech, Advertising, Commercial speech doctrine, Liquor stores

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Religion and liberal democracy

Article Abstract:

Professor Michael M. McConnell recommends promoting religious pluralism by allowing more exemptions from public laws under the Free Exercise Clause and more public religious expression under the Establishment Clause. However, the Establishment Clause mandates the creation of a secular civil order to eliminate the influence of religious conflict on public affairs. Freedom of religion should be allowed as long as it is consistent with secular government. Therefore, both free exercise and establishment should be interpreted broadly.

Criticism and interpretation, Liberalism, McConnell, Michael W.

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Religion in the schools: a consensus emerges

Article Abstract:

Consensus has emerged in recent months on the traditionally divisive issue of prayer in public schools, in favor of neutral treatment of expression. Congress' Republicans have switched from seeking a constitutional amendment allowing organized prayer to a Religious Equality Amendment, which in turn seems likely to expire quietly. A spectrum of interest groups has agreed on religious expression in the classroom, the US Supreme Court seems to favor treating religion neutrally, and President Clinton backs clarified rules.

Religion in the public schools, Religion in schools

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