Re: Minister convicted for teaching parishioners to punish children by hitting them on the bare buttocks with wooden dowels

2012-05-15 Thread Marci Hamilton
Eugene- I think you are making factual assumptions that then lead to a flawed conclusion in this case. -The nature of child abuse puts it in a different category than speech to potential rioters or speech to KKK members It is violence against victims who cannot protect themselves, who live

Minister convicted for teaching parishioners to punish children by hitting them on the bare buttocks with wooden dowels

2012-05-15 Thread Volokh, Eugene
I would think that such a conviction would likely be unconstitutional under the Free Speech Clause, given Brandenburg v. Ohio, even without regard to any special religious freedom claim (note that Wisconsin courts read the Wisconsin Constitution following Sherbert/Yoder). It