Free Exercise, Explained Clearly

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4d ago 18:01

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We explore the Free Exercise Clause, trace the path from Reynolds to Smith, and examine how RFRA, vouchers, and the “tire case” shape modern religious liberty. We connect free exercise to establishment, show where they clash, and ask where the Court might go next.
• Free exercise as anti-persecution baseline
• Reynolds and limits on religiously motivated conduct
• Smith’s rule on neutral, generally applicable laws
• RFRA’s compelling-interest test in federal law
• Hobby Lobby as statutory interpretation, not a grand theory
• Equal access to public benefits for religious entities
• Ministerial training as an establishment red line
• How to spot free exercise vs establishment issues
• Conscience versus conduct and modern conflicts
• Open questions about revisiting Smith
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Chapters

1. Free Exercise, Explained Clearly (00:00:00)

2. Framing The Free Exercise Debate (00:01:32)

3. Two Competing Doctrines Emerge (00:03:21)

4. Reynolds And The Limits On Conduct (00:06:14)

5. Smith, Scalia, And Narrow Protection (00:09:10)

6. The Push For Broader Exemptions (00:13:35)

7. RFRA, Hobby Lobby, And Ironies (00:18:21)

81 episodes

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