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Why Student Religious Speech is Speech


John E. Taylor

Tue, 02/12/2008

An article from the Fall 2007 symposium issue of the West Virginia Law Review, Volume 110, on “The Religion Clauses in the 21st Century.” The symposium was convened by the American Constitution Society for Law and Policy and the West Virginia University College of Law on October April 12 and 13, 2007.

As part of the series of papers from the symposium panel “The Religion Clauses in Institutional Contexts,” West Virginia University College of Law Associate Professor “John Taylor responds to Bowman’s article [on the law of student religious speech] by explaining how and why the Free Speech Clause rather than the Free Exercise clause has come to be the primary protector of student religious speech in the public schools. He argues that the dominance of the Free Speech Clause is constitutionally necessary, for any use of the Free Exercise Clause to privilege religious speech because of its religious character would be impermissible content discrimination under the Speech Clause.” - From Introduction by William P. Marshall, Vivian E. Hamilton and John E. Taylor.

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