What is the test for freedom of exercise in the First Amendment?

California, United States of America


The following excerpt is from Mullaney v. Woods, 158 Cal.Rptr. 902, 97 Cal.App.3d 710 (Cal. App. 1979):

The free exercise clause of the First Amendment guarantees that "Freedom of conscience and freedom to adhere to such religious organization or form of worship as the individual may choose cannot be restricted by law. . . . (T)he Amendment embraces two concepts, freedom to believe and freedom to act. The first is absolute but, in the nature of things, the second cannot be. Conduct remains subject to regulation for the protection of society." (Fn. omitted; Cantwell v. Connecticut (1940) 310 U.S. 296, 303-304, 60 S.Ct. 900, 903, 84 L.Ed. 1213, 1218.)

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