Interpretation of the establishment clause of the Constitution and its application to statutes challenged by the United States Supreme Court has followed two distinct paths--one embracing the principle of separation of church and state, the other stressing the importance of accommodation between them. Both legal trends are discussed. (TE)

Noting that the work of Jurgen Habermas has had an important influence on philosophy and the social sciences recently, this paper examines the implications of using Habermas's "ideal speech situation" as a criterion for deciding issues relating to the First Amendment. The paper first briefly reviews the distinctive features of critical…

This paper reviews First Amendment federal court cases pertaining to religion in schools, suggesting that the findings reveal a judiciary uncertain of where to strike a balance between the interests of the majority and the rights of the minority. The first area discussed is public aid to private schools. The cases covered in this discussion…