well, dc_dux, yes and no. You also can't discriminate against religion or treat religion as a subject differently from any other, otherwise it's a content-based restriction in violation of freedom of speech. So I'm not sure you're right that the first amendment sets a higher standard on the expression side. The issue is what constitutes "an establishment of religion."
This particular thicket has caused huge problems in Establishment Clause jurisprudence, which (IMHO) borders on the incoherent. I'm not suggesting an answer here because I don't have one.
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