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Town of Greece v. Galloway
5-4
Is It a Violation of the Constitution?
"It just doesn't make sense to say that because something is ultra common or ultra historical, that's the test for whether or not it violates the constitution," he says. "There are tons of things that we have always done, or tons of state actions that have historically been common...that are violations of the constitution." The court and the public then have to reckon with this one deviation from the first amendment jurisprudence That existed sort of leads down this path that the court has to reckon with.
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