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The establishment clause is a defense of the city, the state actor in this case. Basically, if the city allows the religious expression, it violates Establishment clause by promoting religion. If it prohibits religious speech, it violates freedom of speech as a Content based violation. It also restricts religious belief and so violates Free Exercise Clause. The plaintiffs win based on Free Speech as the regulation is content-based and the strict scrutiny standard test is applied and the city's defense of establishment clause does not meet the heightened scrutiny.

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Continue Learning about American Government

Which case was the Supreme Court and first ruling on the Establishment Clause?

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