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Expiating The Sins Of Yoder And Smith: Toward A Unified Theory Of First Amendment Exemptions From Neutral Laws Of General Applicability, Brian A. Freeman
Expiating The Sins Of Yoder And Smith: Toward A Unified Theory Of First Amendment Exemptions From Neutral Laws Of General Applicability, Brian A. Freeman
Missouri Law Review
This Article explores the extent to which the Constitution requires exemptions from neutral laws of general applicability in order to protect the free exercise of religion. Part I sets forth the current Supreme Court jurisprudence in this area, focusing on the most recent cases, which suggest that only laws that are not neutral or generally applicable are subject to strict scrutiny; otherwise, the majority believes that neutral generally applicable laws are subject to rational basis review. Part I also includes a discussion of analogous First Amendment freedom of expression cases, especially the “expressive conduct” cases, in which the court uses …