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October 27, 2023

Restoring the First Amendment’s Vision of Religious Freedom

Separation, pluralism, and coercion.

In the second half of the 20th century, the U.S. Supreme Court advanced an expansive interpretation of the First Amendment’s dictate that “Congress shall make no law respecting an establishment of religion,” creating a doctrine known as “separationism.” The Court is now moving in the opposite direction, which, Tal Fortgang argues, is a good thing:

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