I must say that this seems to be an easy case for any civil libertarian to support even (or perhaps especially) in the absence of a free exercise claim. The RI is absolutely correct that this is socializing students to be docile citizens within a "surveillance society."
Sandy ----- Original Message ----- From: religionlaw-boun...@lists.ucla.edu <religionlaw-boun...@lists.ucla.edu> To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu> Sent: Thu Nov 22 11:41:41 2012 Subject: RE: High School Student's Religious Objection to Wearing RFID Chip Badge for Student Locator Program Yes. I did not mean to imply otherwise. The school's website says that it has a high rate of absences. I gather the school thinks that if it monitors all students it will somehow be able to claim a higher attendance rate and get more state funds (which I suppose are based on daily attendance, as they are in California). The school was willing to accommodate her by removing the chip from her badge, but apparently that would not affect the appearance of the badge. Happy Thanksgiving to everyone on the list! Mark Mark S. Scarberry Professor of Law Pepperdine Univ. School of Law -----Original Message----- From: Douglas Laycock [mailto:dlayc...@virginia.edu] Sent: Thursday, November 22, 2012 8:30 AM To: Law & Religion issues for Law Academics; Scarberry, Mark Subject: Re: High School Student's Religious Objection to Wearing RFID Chip Badge for Student Locator Program The complaint alleges that all students were required to wear the badge -- not just those in disciplinary trouble or with a history of truancy. Nothing individualized about this. On Wed, 21 Nov 2012 20:47:56 -0800 "Scarberry, Mark" <mark.scarbe...@pepperdine.edu> wrote: >The Rutherford Institute says that it has obtained a TRO protecting a student >who refused to wear a badge with an RFID (radio frequency identification) chip >that would allow the school to determine her location at all times on school >grounds. See >https://www.rutherford.org/publications_resources/on_the_front_lines/victory_court_grants_rutherford_institute_request_to_stop_texas_school_from. > The application for a TRO is here: >https://www.rutherford.org/files_images/general/11-21-2012_TRO-Petition_Hernandez.pdf. > >Apparently the student considers the wearing of the badge to be a kind of >idolatry or act of submission to a false god. She was offered the option of >wearing a badge with the chip removed, but she refused, because wearing it >would signal her approval of or participation in the program, which raises >both free exercise and compelled speech issues. There are other issues, as >well, including a claim that the school prohibited her from passing out flyers >on school grounds opposing the RFID program. > >The Rutherford Institute describes the RFID program as a preparation of >students for a society in which everyone is constantly under surveillance, but >they also note that the school district hopes to get more funding by improving >attendance. > >I thought this was going to be about the "mark of the beast" from the Book of >Revelation. The story and the application for a TRO don't seem to be that >specific on the source of her religious objection. I think she also claims >that the program violates her right to privacy and that the requirement that >she wear a badge (even without the chip) to indicate support for the program >is a form of compelled speech. > >I haven't anything on this story in the mainstream press. Perhaps someone on >the list knows more or can provide links to news stories. > >Mark S. Scarberry >Professor of Law >Pepperdine Univ. School of Law > > Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
