The complaint alleges that all students were required to wear the badge -- not just those in disciplinary trouble or with a history of truancy. Nothing individualized about this.
On Wed, 21 Nov 2012 20:47:56 -0800 "Scarberry, Mark" <mark.scarbe...@pepperdine.edu> wrote: >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 > > Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 _______________________________________________ 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.
