These cases should be so easy to overturn...
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
So, did Congress make a law in this case? No?
Then the first amendment does not apply as a prohibition.
[[So, did Congress make a law in this case? No?]]
Precisely- there is no penalty for not participating- if there were- then yep- that would be a case of ‘making a law’