(Download) "Government-Sponsored Religious Displays: Transparent Rationalizations and Expedient Post-Modernism. (Government Speech: The Government's Ability to Compel and Restrict Speech)" by Case Western Reserve Law Review * eBook PDF Kindle ePub Free
eBook details
- Title: Government-Sponsored Religious Displays: Transparent Rationalizations and Expedient Post-Modernism. (Government Speech: The Government's Ability to Compel and Restrict Speech)
- Author : Case Western Reserve Law Review
- Release Date : January 22, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 401 KB
Description
The founding generation said that government is not a competent judge of religious truth, (1) and for half a century now, the Supreme Court has applied that principle to government speech. Government is not supposed to take positions, pro or con, on truth claims about religion. Government must resist its recurring temptation to proclaim that Christianity is true. This rule has always encountered vigorous resistance in some parts of the country and vigorous dissent on the Court. There may be five votes to overrule the whole line of cases restricting passive religious displays. But Justices do not always resort to overruling; they have other ways of dealing with their least favorite cases. (2) They may restrict or eliminate standing. (3) Or they may simply manipulate the findings of fact so that they never find the rule to have been violated.