I usually write in this column about free speech or free press issues. As everyone knows, however, the First Amendment does more than just protect expression-it protects religious freedom too. Mitt Romney’s speech Dec. 6 attempting to convince voters to ignore his Mormonism in deciding who to vote for in the upcoming presidential election raises some interesting questions about the religion clauses of the First Amendment and how they relate to our protection of speech and press.
The First Amendment protects religious freedom in two complementary, and sometimes conflicting, ways. First it prohibits the government from the official establishment of religion. At the extreme this means that Congress cannot decree an official state church like there is in England, but as currently interpreted the prohibition goes much further. Thus many religiously themed public displays-the Ten Commandments in a courthouse or a Creche in a public square-have been ruled unconstitutional.
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