I’m in the middle of final exams, and I really don’t have the time for this, but I was blown away by the decision in Town of Greece v. Galloway, 572 US __ (2014).
As Justice Kagan wrote in her dissent,
“A person goes to court, to the polls, to a naturalization ceremony—and a government official or his handpicked minister asks her, as the first order of official business, to stand and pray with others in a way conflicting with her own religious beliefs. Perhaps she feels sufficient pressure to go along—to rise, bow her head, and join in whatever others are saying: After all, she wants, very badly, what the judge or poll worker or immigration official has to offer. Or perhaps she is made of stronger mettle, and she opts not to participate in what she does not believe—indeed, what would, for her, be something like blasphemy. She then must make known her dissent from the common religious view, and place herself apart from other citizens, as well as from the officials responsible for the invocations. And so a civic function of some kind brings religious differences to the fore: That public proceeding becomes (whether intentionally or not) an instrument for dividing her from adherents to the community’s majority religion, and for altering the very nature of her relationship with her government.”
Unsurprisingly, this case was again decided on a 5-4 split, with the conservative justices in the majority. As the New York Times reports, “For Justices, Free Speech Often Means ‘Speech I Agree With’”.