A Practical and Pragmatic Approach to Freedom of Conscience

Belsky, Martin H.

Journal: University of Colorado Law Review

Volume: 76

First Page: 1057

Year: 2005

Bluebook Citation: 76 U. COLO. L. REV. 1057 (2005)

Author: Martin H. Belsky: all 17 publications


Abstract

Using a series of anecdotes and illustrations, the author posits that freedom of conscience, broadly defined, can only be protected, if at all, by assertive individual and group action. Such action must be not just against government interference but also against nongovernmental or private activities as well as intimidation. Professor Belsky urges individual balancing of the freedom of conscience and other legal, governmental and societal interests. This balancing is a form of "constitutionalism," and when necessary must be followed up by enforcement through personal action.

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