The following excerpt is from Spencer v. World Vision Inc., 633 F.3d 723 (9th Cir. 2011):
8. The same is true for factors which ask this court to determine whether an organization includes prayer or worship in its activities, or whether it disseminates a religious curriculum. While these questions are relatively easy in some contexts, they might prove more difficult when dealing with religions whose practices do not fit nicely into traditional categories. In such a scenario, it is questionable whether a court is competent to distinguish religious speech (or instruction) from other activities. Cf. Widmar v. Vincent, 454 U.S. 263, 269 n. 6, 102 S.Ct. 269, 70 L.Ed.2d 440 (1981) (noting, in a free speech case, that a distinction between particular types of religious speech would lack intelligible content).
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