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Homework answers / question archive / A statute of the state of Oz requires all radio stations to set aside one hour of air time per week to be made available without charge for the broadcasting of spiritually uplifting messages produced by recognized religious organizations

A statute of the state of Oz requires all radio stations to set aside one hour of air time per week to be made available without charge for the broadcasting of spiritually uplifting messages produced by recognized religious organizations

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  1. A statute of the state of Oz requires all radio stations to set aside one hour of air time per week to be made available without charge for the broadcasting of spiritually uplifting messages produced by recognized religious organizations. The statute further provides that air time thereby made available shall be equally divided among Jewish, Roman Catholic, and Protestant organizations. A religious organization known as Zen Buddhist League produced a spiritually uplifting program, but was advised by several radio stations that it could not be broadcast under the statute. The Zen Buddhist League has instituted a proceeding in federal court challenging the constitutional validity of the Oz statute. The best reason for finding the statute unconstitutional is that it violates
    1. the Free Exercise Clause, in that it treats religions unequally.
    2. the Establishment Clause, in that it is not closely fitted to furthering a compelling governmental interest.
    3. the Equal Protection Clause, in that it applies only to pay television stations.
    4. the Supremacy Clause, in that broadcasting is an area already subject to extensive federal regulation.

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Under the Constitution, the Congress shall make no law prohibiting the free exercise (of religion). This is called the free-exercise clause of the First Amendment. The free-exercise clause pertains to the right to freely exercise one's religion. It states that the government shall make no law prohibiting the free exercise of religion.

 

If a law specifically singled out a specific religion or particular religious practice, under current Supreme Court rulings it would violate the First Amendment. Controversy arises when a law is generally applicable and religiously neutral but nevertheless has the "accidental" or "unintentional" effect of interfering with a particular religious practice or belief.

 

The free exercise clause of the first Amendment unquestionably provides individuals with the right to freely exercise their religious convictions without the fear of interference or reprisal from the government. The right to religious freedom may be a foundation of protecting individual freedom and independence, of guaranteeing that different religious beliefs and practices get equal protection under the law, and of preventing the government, through constraint or intimidation, from setting up or advancing specific religious beliefs.

 

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