NCJ Number
5124
Journal
Albany Law Review Volume: 36 Issue: 2 Dated: (WINTER 1972) Pages: 411-438
Date Published
1972
Length
23 pages
Annotation
STATE AND FEDERAL JUDICIAL DECISIONS ON THE PRISONER'S RIGHT TO FREEDOM OF RELIGIOUS BELIEF AND PRACTICE ARE REVIEWED AND RELATED TO OTHER FIRST AMENDMENT CASES.
Abstract
THE COURTS, GUIDED BY FEDERAL CIRCUIT COURT RULINGS ON THIS SUBJECT AND SUCCESSFUL LITIGATION BY THE BLACK MUSLIMS, HAVE BEGUN TO MOVE AWAY FROM THEIR FORMER PRACTICE OF NON-INTERVENTION IN THE ADMINISTRATION OF PRISONS. AS THE LAW STANDS TODAY, THE JUDICIARY MOST OFTEN APPLIES A BALANCING TEST BETWEEN RELIGIOUS FREEDOM, AND PRISON SECURITY, AND JUDGES WILL REQUIRE A SHOWING THAT A RELIGIOUS PRACTICE CLEARLY POSES A THREAT TO PRISON SAFETY BEFORE THEY WILL ALLOW IT TO BE SUPPRESSED.