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eBook details

• Title: Constitutional Law - First Circuit Questions Correctional Facility's Blanket Ban on Inmate Preaching.
• Author : Suffolk University Law Review
• Release Date : January 22, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 269 KB

Description

Constitutional Law--First Circuit Questions Correctional Facility's Blanket Ban on Inmate Preaching--Spratt v. Rhode Island Department of Corrections, 482 F.3d 33 (1st Cir. 2007) The Religious Land Use and Institutionalized Persons Act (RLUIPA) protects the religious freedom of individuals confined to government institutions. (1) Enacted in 2000, RLUIPA prohibits mental and correctional facilities from imposing substantial burdens on the religious exercise of persons residing therein, unless the facility can show a compelling interest effectuated in a narrowly tailored manner. (2) In Spratt v. Rhode Island Department of Corrections, (3) the United States Court of Appeals for the First Circuit considered whether the blanket ban on inmate preaching by the Rhode Island Department of Corrections (RIDOC) constituted a permissible restriction on religious exercise within the purview of RLUIPA. (4) The First Circuit held that under RLUIPA, RIDOC must affirmatively demonstrate that the regulation is the least restrictive means of achieving a compelling interest, rather than merely asserting it. (5)

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