Re: Racist Man Sentenced To Attend Black Church

2006-01-18 Thread Tommy Perkins
Paul,you bring up somegood points. Actually both the Free Exercise and Establishment Clauses are violated. Furthermore, the Religious Test Clause is often violated as well when a government job or license is part of the ultimatum to attend. Below is a link to the major court opinions, an article

Re: Racist Man Sentenced To Attend Black Church

2006-01-18 Thread Tommy Perkins
Paul, thatÂ’s a good point. Actually both the free exercise and establishment clauses are violated. Furthermore, the religious test clause is often violated as well when a government job or license is part of the ultimatum to attend. Below is a link to the major court opinions, an article

RE: Racist Man Sentenced To Attend Black Church

2006-01-18 Thread Rita
The cases concerning government coercion to participate in AA/NA -- there have been several, in both the 2nd and the 7th appellate districts, all of which have been decided in favor of the plaintiffs -- are not at all inapplicable. Forcing someone (under threat of jail) to sit in a room

Racist Man Sentenced To Attend Black Church

2006-01-17 Thread Volokh, Eugene
Constitutional? (I assume the sentence was for a racially motivated threat or perhaps racially motivated fighting words, and not literally for [in part] using racial slurs.) Eugene http://www.local6.com/news/6142521/detail.html A judge has sentenced a suburban

Re: Racist Man Sentenced To Attend Black Church

2006-01-17 Thread Paul Finkelman
Let the punishment fit the crime? Volokh, Eugene wrote: Constitutional? (I assume the sentence was for a racially motivated threat or perhaps racially motivated fighting words, and not literally for [in part] using racial slurs.) Eugene

Re: Racist Man Sentenced To Attend Black Church

2006-01-17 Thread Paul Finkelman
: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Paul Finkelman Sent: Tuesday, January 17, 2006 12:35 PM To: Law Religion issues for Law Academics Subject: Re: Racist Man Sentenced To Attend Black Church Let the punishment fit the crime? Volokh, Eugene wrote: Constitutional? (I assume

RE: Racist Man Sentenced To Attend Black Church

2006-01-17 Thread Volokh, Eugene
] [mailto:[EMAIL PROTECTED] On Behalf Of Paul Finkelman Sent: Tuesday, January 17, 2006 1:52 PM To: Law Religion issues for Law Academics Subject: Re: Racist Man Sentenced To Attend Black Church This raises an interesting question. Judges often send people to AA for their illegal behavior

Re: Racist Man Sentenced To Attend Black Church

2006-01-17 Thread Paul Finkelman
lman Sent: Tuesday, January 17, 2006 1:52 PM To: Law Religion issues for Law Academics Subject: Re: "Racist Man Sentenced To Attend Black Church" This raises an interesting question. Judges often send people to AA for their illegal behavior related to drinking and AA is heavily reli

Re: Racist Man Sentenced To Attend Black Church

2006-01-17 Thread Vance R. Koven
All prosy dull society sinnersWho chatter and bleat and boreAre sent to hear sermonsFrom mystical GermansWho preach from ten till four.The Constitution, though, does seem to be an insuperable barrier to the exercise of judicial imagination. Pity. On 1/17/06, Paul Finkelman [EMAIL PROTECTED] wrote:

Re: Racist Man Sentenced To Attend Black Church

2006-01-17 Thread Will Linden
What about the ban on cruel or unusual punishment? At 07:50 PM 1/17/06 -0500, you wrote: All prosy dull society sinners Who chatter and bleat and bore Are sent to hear sermons From mystical Germans Who preach from ten till four. The Constitution, though, does seem to be an insuperable

RE: Racist Man Sentenced To Attend Black Church

2006-01-17 Thread Rita
--- Volokh, Eugene [EMAIL PROTECTED] wrote: As I understand it, the requirements of AA attendance have generally been struck down on Establishment Clause grounds. The theory there isn't establishing as a religion for the state as such, but rather violation of the no coercion rule