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Reason
Reason
Politics
Mark Movsesian

Free Speech, Religious Offense, and a Transatlantic Divide

One of the most difficult areas in church–state law involves the conflict between freedom of speech and freedom of religion. In the United States, at least at the level of basic principle, that conflict has been largely resolved for decades. Ever since Cantwell v. Connecticut, we have accepted that people don't have a right to be free from criticism—or even offense—directed at their religious beliefs. Speakers may criticize religion, ridicule religious doctrines, and even confront believers directly, so long as they respect ordinary time, place, and manner restrictions and do not incite imminent violence.

In other words, in American constitutional law, freedom of speech generally trumps claims that religious sensibilities have been wounded. The First Amendment does not contain a right not to be insulted.

The situation in Europe is more complicated.

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