Passion of the Christ

[daviwag]

I'd say that all spiritually-sensitive add-ons to "designer sentences"
are constitutionally suspect -- and I'm a fan of THE PASSION.  Much as I
like it, I can't see making seeing it a state-imposed condition, and the
same would go for AA (an effective but very spiritually intrusive
program, I hear)  -- and likewise, yoga.  Yes, a Texas judge added a
yoga component to a defendant's plea agreement a few weeks ago.  I
blogged about it here:
 
http://ninomania.blogspot.com/2004_01_25_ninomania_archive.html#10750956
5716444317
 
Could a judge impose viewing of ANY movie as a sentence enhancement or
condition of probation?  Like -- oh, I dunno, THE LION IN WINTER for a
guy whose gotten into too many arguments with his wife...?  I don't
relish the idea of the courts distinguishing between
"religious/spiritual" and "non-religious/spiritual" movies, but THE
PASSION is not a close case.
 
David M. Wagner
Regent University School of Law
 

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Marty Lederman
Sent: Friday, March 05, 2004 8:37 AM
To: Safranek, Stephen; conlawprof at lists.ucla.edu
Subject: Re: Passion of the Christ


Ah, finally some real constitutional questions!  My favorite bit in this
story is the judge's justification for his suggestion that drug
offenders see the Passion "as part of their spiritual development" --
namely, that such a suggestion must be ok because the court requires
offenders to attend AA's 12-step program as a condition of probation.
 
Meanwhile, here in D.C., one public-school teacher showed the Passion to
his sixth-grade students:
<http://www.washingtonpost.com/wp-dyn/articles/A31588-2004Mar4.html>
http://www.washingtonpost.com/wp-dyn/articles/A31588-2004Mar4.html.
Merely a copyright violation, or an Establishment Clause violation, as
well?
 
 
----- Original Message ----- 
From: "Safranek, Stephen" < <mailto:ssafranek at avemarialaw.edu>
ssafranek at avemarialaw.edu>
To: < <mailto:conlawprof at lists.ucla.edu> conlawprof at lists.ucla.edu>
Sent: Friday, March 05, 2004 8:11 AM
Subject: Passion of the Christ


>   See what a judge in Michigan is doing regarding the Passion. Is this
> constitutional?
>  <<040303_john_1b.url>> 
> 




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