The Cock & The Horse

On May 21, 1702, Daniel Defoe, yes, *that* Daniel Dafoe, was arrested and imprisoned for his recently published pamphlet which, in keeping with Poe’s Law, failed to please the new Queen of England. This was not ancient history to the Framers of the Constitution, and they made sure that no one person could wield so much power that free expression of religion would become a punishable offense. Over the years the idea of free expression was tested. Before incorporation, the Courts were content to allow laws that limited the idea. After incorporation, it became much more difficult for governments to limit the practice. Now, in the time of the Constitution and the COVID, new stress is being placed on the 1st Amendments interpretation of free expression. Multiple States have found themselves embroiled in arguments over whether or not religious services can be held in person and in violation of Governor’s Executive Orders? Even here in the PACNORWEST, the Governor (and failed Presidential Candidate with 0% of the Polls) canceled a scheduled presser to announce some Phase II reopening plans because of recent Court cases over the issue of religious services. We will focus on one in North Carolina, where a District Court Judge has given many people a rallying cry with his ruling in favor of a temporary restraining order on that Governor’s order about religious gatherings. And we ask the question: if incorporation came about because of the abuses of the States once before, will it happen again?