The Public Interest

The case of Frankfurter v. Jackson

William A. Galston

Spring 2004

MOST every aspect of life in the modern state is exposed to laws and regulations, many of which can have the effect of restricting the free exercise of religion. This gives rise to demands that the state “accommodate” religion by refraining from enforcing commands or prohibitions on believers that are binding on other citizens. Since the end of World War II, the response of the U.S. Supreme Court to these demands has gone through two distinct phases.

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