Free Speech vs. Separation of Church and State

To take a step back from the imminent midterm elections, a recent federal court case explores the fuzzy boundary between two pillars of America's Constitutional system: federal protection of free speech and its prohibition against the establishment of religion. California's Contra Costa County's library allows members of its community to schedule rooms for "meetings, programs, or activities of educational, cultural, or community interest." Citing a policy against religious worship, the county canceled a meeting of the Faith Center Church. The church challenged the policy, and it most recently reached the 9th Circuit court. Judge Lawrence K. Karlton, writing for the majority opinion, finds:

... the First Amendment ... establishes different standards relative to government action concerning speech and government action concerning religion. ... [R]eligious speech is categorically different than secular speech and is subject to analysis under the Establishment and Free Exercise Clause without regard to the jurisprudence of free speech.

Richard W. Garnett of the Daily Journal writes a great op-ed about the decision, which he finds inaccurately construes the meaning of the First Amendment. For more information, check out the original court brief, as well as a great discussion by libertarian-leaning law professor Eugene Volokh at the Volokh Conspiracy.