Election Time: We Must Take Notice Of Current Theories Asserting That Religious Speech Is More Dangerous And Therefore Less Deserving Of Protection Than Other Types Of Speech

The United States Supreme Court reaffirmed that principle in a near-unanimous 1981 case, declaring that “religious worship and discussion” are “forms of speech and association protected by the First Amendment.” US courts will remember that precedent; we should all remember that precedent as we consider current theories arguing against it:

Having given some advice to the religious side, I also have some suggestions for those who have other keys to or nonreligious values for their human dignity.
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Second, we must take notice of current theories asserting that religious speech is more dangerous and therefore less deserving of protection than other types of speech. Without detailing the obvious, I merely maintain that the constitutional freedom of religion is intended to be guaranteed—and is guaranteed—not only by the First Amendment’s free exercise clause, but is also protected by the companion guarantees of freedom of speech and freedom of assembly. The United States Supreme Court reaffirmed that principle in a near-unanimous 1981 case, declaring that “religious worship and discussion” are “forms of speech and association protected by the First Amendment.” [Footnote #25.] Thus, these great guarantees are cumulative, strengthening and building upon one another.

Of course there are extremist and even terrorist groups that attempt to use religious beliefs to justify illegal incitements or violent or destructive actions. Those excesses can and should be rejected by our understanding of the limits on any constitutional right. Similarly, we all understand the common-sense principle that the prospect of abuse of a constitutional right must not be used to veto that right. We resist that tendency for speech and press, and we must also resist it for religion.

[Elder Dallin H. Oaks, “The Boundary Between Church and State“, Second Annual Sacramento Court/Clergy Conference, Sacramento, California, Tue 20 Oct 2015.]

We don’t have to agree on anything in order to be kind.

Explore this topic further. Or more on Freedom Of Thought.

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