Eugene-what about strict scrutiny? I think there is a compelling interest in protecting children from being hit with wooden dowels
Given the hidden nature of most such abuse, there is unlikely to be a lesser restrictive method to ensure children are not harmed. Marci On May 13, 2012, at 7:10 PM, "Volokh, Eugene" <vol...@law.ucla.edu> wrote: > 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 seems to me that teaching parishioners the propriety of such conduct – > even illegal conduct – doesn’t fit within the Brandenburg exception, because > it isn’t intended to yield imminent lawless conduct; and I don’t think the > general teachings would fit within the United States v. Williams solicitation > exception, since no specific act is being discussed. On the other hand, it’s > possible that pastoral counseling of a specific parent, telling the parent to > engage in illegal child abuse (assuming the discipline is indeed illegal) > might qualify as solicitation of crime and not just abstract advocacy. Or is > this analysis mistaken? > > Relatedly, could ministers of churches that teach that > marijuana is a sacrament be prosecuted for conspiracy to engage in criminal > possession or receipt of marijuana? Could imams who preach the propriety of > jihad be prosecuted for conspiracy to engage in jihad, just based on the > teaching alone? > > Eugene > > > > http://host.madison.com/wsj/news/local/crime_and_courts/motion-to-dismiss-charges-against-black-earth-pastor-denied/article_3c17db6a-9b01-11e1-967a-001a4bcf887a.html > > A Dane County judge on Thursday denied a motion to dismiss charges against a > Black Earth pastor convicted of conspiracy to commit child abuse for > advocating the use of wooden rods to spank children as young as 2 months old. > > Philip Caminiti, 55, pastor of the Aleitheia Bible Church, was convicted in > March of eight counts of conspiracy to commit child abuse for instructing > church members to punish children by hitting them on the bare buttocks with > wooden dowels to teach them to behave correctly, in keeping with the church's > literal interpretation of the Bible. > > The motion to dismiss the charges alleged Caminiti had been deprived of his > constitutional right to religious freedom. > > Circuit Judge Maryann Sumi found that Caminiti had "a sincerely held > religious belief" as a Christian fundamentalist that requires using a rod to > discipline children beginning at a young age. But Sumi said Caminiti failed > to show the state's child abuse statute "places a burden on his sincerely > held religious belief." > > "Scripture doesn't specify how and when the rod should be used," Sumi said, > adding that Caminiti also was willing to modify the church's practices to > comply with the law.... > _______________________________________________ > 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.
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