What is the test for freedom of exercise under the first amendment?

MultiRegion, United States of America

The following excerpt is from North Valley Baptist Church v. McMahon, 696 F. Supp. 518 (E.D. Cal. 1988):

The preeminent claims asserted by plaintiffs arise under the free exercise clause of the first amendment. The free exercise clause protects two types of religious freedom: the freedom to believe and the freedom to act. While the freedom to believe is absolute, the freedom to act is limited. Wisconsin v. Yoder, 406 U.S. 205, 220, 92 S.Ct. 1526, 1535, 32 L.Ed.2d 15 (1972). In other words, even though an action is motivated by religious convictions, it is not thereby immunized from all possible legislative restrictions. Rather, to determine whether such legislation violates the free exercise clause, a careful balancing of the competing religious and legislative interests is required. Id. at 221, 92 S.Ct. at 1536.

Other Questions


What are the implications of the First Amendment for the exercise of freedom of speech in prison? (MultiRegion, United States of America)
What are the implications of the First Amendment for the exercise of religious freedom in prison? (MultiRegion, United States of America)
Can an alien be denied First Amendment First Amendment protections? (MultiRegion, United States of America)
What are the implications of the First Amendment for First Amendment rights of an inmate who is seeking to file a grievance in a federal court? (MultiRegion, United States of America)
When assessing a First Amendment challenge to an ordinance that prohibits same-sex marriage, does the court also have to consider the meaning of the First Amendment? (MultiRegion, United States of America)
What is the test for a First Amendment right to exercise freedom of speech in the context of civil rights legislation? (MultiRegion, United States of America)
How have courts interpreted the free exercise clause of the First Amendment in the context of religious freedom legislation? (MultiRegion, United States of America)
Is it a violation of the Fourth Amendment to detain a suspect for exercising his First Amendment right? (MultiRegion, United States of America)
What is the test for a plaintiff to have a claim under the First Amendment for religious freedom? (MultiRegion, United States of America)
Can allegations of retaliation against a prisoner's exercise of his First Amendment rights under section 1983 of the Criminal Code be made in a civil case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.