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In Recent Times, the Mayor and Council of Mortifort, a Small

Question 41

Multiple Choice

In recent times, the mayor and council of Mortifort, a small southern town with a mostly churchgoing populace, have been under pressure from constituents to do something about the Church of the Redeeming Lash.The church, although a Christian one like others in town, features the ancient ritual of self-flagellation in weekly services.For this, male members beat themselves over their shoulders with a cattail whip.Although practiced for centuries, this ritual has sometimes left some enthusiastic participants at the Mortifort church in need of emergency medical treatment. After one particularly brutal case, the council finally acts on constituent concerns in passing an ordinance that bans the practice locally, on public health grounds.How might this be constitutionally acceptable?


A) In no way, since Americans have a First Amendment right to practice as they choose, or decline to practice, as the case may be.
B) The town had the public's health-a public interest-in mind in deciding to regulate the manner of the religious practice here.
C) Regulations may be passed when the actions involved violate community standards.
D) Religious speech, like all speech, can be regulated when it moves toward the sphere of harmful action.

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