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3 Akron J. Const. L. & Pol'y 1 (2011-2012)

handle is hein.journals/akjopal3 and id is 1 raw text is: PRELIMINARY INJUNCTIONS, EXCESSIVE ENTANGLEMENT, AND PRIOR RESTRAINTS: SHOULD COURTS TREAT POTENTIAL PRETRIAL RELIGIOUS INFRINGEMENT THE SAME AS POTENTIAL PRETRIAL SPEECH INFRINGEMENT? Conor Reilly* I. Introduction .................................2 II. The Lemon Test Applied to Injunctions that give the Government Substantial Regulatory Power over Religious Practice ................... ..........3 A. The Lemon Test and Excessive Entanglement ..........4 B. Lemon Applied to the Preliminary Injunction Granted in Uniao do Vegetal ..................8 III. Prior Restraints and Injunctions: A Useful First Amendment Analogue.........................13 A. Prior Restraint Doctrine ....................... 13 B. Historical and Doctrinal Analogies between Freedom of Speech and Freedom of Religion ...... 15 IV. Disentangling Courts From Religion. ...............24 A. Are Preliminary Injunctions Against Religious Practice Distinct From Those Against Free Speech? ...24 B. Applying Prior Restraint Principles in Religion Clause Cases: A Solution to the Entanglement Problems Raised by Injunctions Against Religious Practice................................28 V. Conclusion.................................30 * The author would like to thank Professor Helen Alvar6 for her thoughtful comments, Mike and Eileen Reilly for their guidance, and Kiara Reilly for her patience. I