The Rutherford Institute says that it has obtained a TRO protecting a student who refused to wear a badge with an RFID (radio frequency identification) chip that would allow the school to determine her location at all times on school grounds. See https://www.rutherford.org/publications_resources/on_the_front_lines/victory_court_grants_rutherford_institute_request_to_stop_texas_school_from. The application for a TRO is here: https://www.rutherford.org/files_images/general/11-21-2012_TRO-Petition_Hernandez.pdf.
Apparently the student considers the wearing of the badge to be a kind of idolatry or act of submission to a false god. She was offered the option of wearing a badge with the chip removed, but she refused, because wearing it would signal her approval of or participation in the program, which raises both free exercise and compelled speech issues. There are other issues, as well, including a claim that the school prohibited her from passing out flyers on school grounds opposing the RFID program. The Rutherford Institute describes the RFID program as a preparation of students for a society in which everyone is constantly under surveillance, but they also note that the school district hopes to get more funding by improving attendance. I thought this was going to be about the "mark of the beast" from the Book of Revelation. The story and the application for a TRO don't seem to be that specific on the source of her religious objection. I think she also claims that the program violates her right to privacy and that the requirement that she wear a badge (even without the chip) to indicate support for the program is a form of compelled speech. I haven't anything on this story in the mainstream press. Perhaps someone on the list knows more or can provide links to news stories. Mark S. Scarberry Professor of Law Pepperdine Univ. School of Law
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