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
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
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
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
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
: [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
]
[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
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
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:
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
--- 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
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