Law Commons^™

Book Review, Richard Garnett

Journal Articles

Richard Garnett reviews Ellis M. West's The Free Exercise of Religion in America: Its Original Constitutional Meaning

This is a review of Professor Ellis M. West's 2019 study of the original meaning of "free exercise of religion."

Do Churches Matter? Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett

Journal Articles

In recent years, several prominent scholars have called attention to the importance and role of First Amendment institutions and there is a growing body of work informed by an appreciation for what Professor Balkin calls the infrastructure of free expression. The freedom of expression, he suggests, requires more than mere absence of government censorship or prohibition to thrive; [it] also require[s] institutions, practices and technological structures that foster and promote [it]. The intuition animating this scholarship, then, is that the freedom of expression is not only enjoyed by and through, but also depends on the existence and flourishing of, certain …