Notice that most governmental interests are not compellingly important and, even if one is, under strict scrutiny the means must be necessary and narrowly tailored to advance that compellingly important governmental ends.
So consider the above from USA Today. The Rabbi was serving a 12-year prison sentence for kidnapping. Prison officials had a compelling interest in prison security to require a clean-shaven picture of the Rabbi. But the Rabbi's religious beliefs would not allow him to shave for the picture.
Is requiring him to shave necessary for the state to get its compellingly important picture?
Is there a least restrictive means of getting the picture without restricting his religious liberty?
How about a virtual shave using computer software to remove the beard from the picture on the left?
Strict scrutiny requires the state to pass through a gauntlet of superlatives before restricting a highly protected constitutional right or employing a suspect classification under EPC.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
-
I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
-
Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
-
Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
No comments:
Post a Comment