The freedom of religion is among the fundamental freedoms or civil rights protected by the United States Constitution. The First Amendment of the Constitution protects the freedom of religion and forbids the establishment of religion by the "state," which can be the federal government or a state or local government. The right to practice either no religion at all or the religion of one's choice, without interference by the government, is guaranteed by the Free Exercise Clause of the First Amendment. Based on the need for the "separation of church and state," governments are prevented by the Establishment Clause from giving preferential treatment to a particular religion.

Freedom of expression is considered to be the set of freedoms that are protected by the First Amendment to the Constitution, including the freedom of speech.

Because many aspects of religion involve the showing of religious symbols or the speaking of religious tenets and doctrines, issues of freedom of religion and freedom of expression often overlap.

The First Amendment protects religious expression in the "public square"

There is a long-standing American tradition of speaking freely in the "public square." Free expression and civil rights advocates say that the public square is where individuals can make sure that their voices are heard, hopefully without intrusion from the government. These advocates say that the Constitution protects religious expression and activity in the "public square" by guaranteeing the free exercise of religion and free speech. Additionally, the Constitution protects speech that is motivated by religion. Nowhere, these advocates say, does the Constitution require the government to prohibit religious expression in the public square.

Some of these advocates suggest that courts, including the United States Supreme Court, have not followed the requirements of the First Amendment and, instead, have shown a hostility toward religious expression in the public square. They contend that the hostility toward such First Amendment rights has primarily occurred since the terrorist attacks of September 11, 2001 and the subsequent passage of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act).

On the other side of the argument are those who do not believe that the courts or government are hostile toward religious expression in the public square. It is argued that the United States Supreme Court has consistently protected religious expression in public places. It is further argued that when the Court has held that religious expression violates the Constitution there is no hostility toward religious expression but, rather, an impermissible governmental sponsorship of religion.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.