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When a congregation splits from a denomination, what becomes of the church property? More specifically, how have US state courts wrestled with the issue of religious property disputes while trying to preserve the autonomy of church doctrine? Prof. Michael McConnell (Stanford Law School) answers these questions in historical context. He notes how judicial decisions have changed from the traditional “English Rule” favoring hierarchical denominations over congregations, to perspectives that are less intrusive into the internal doctrine and organization of a faith, nothing that there is still a great deal of ambiguity in the law. He argues for an approach known as “strict neutral principles.”

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Prof. John Inazu of Washington University Law School (St. Louis) explains how four of the main freedoms contained in the US Constitution’s First Amendment are interrelated and how a series of court cases during the latter half of the 20th century has boiled down these separate, but related, freedoms into a single free speech dimension. Our primary focus is on the relationship between the free expression clause and the freedom of assembly, though other issues come into play. We review important court cases from Roberts v Jaycees to Hosanna-Tabor.

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