Free ex. plaintiffs win
treene at BECKETFUND.ORG
Mon Apr 27 15:43:27 PDT 1998
Mark Rahdert wrote:
> I'm curious how the court supported its conclusion that Smith does
> not apply to work rules?
> Mark Rahdert
> Temple University School of Law
It was a textual argument from the Smith opinion. The Court wrote, after
a discussion of Goldman v. Weinberger:
"In Smith, the Court found it 'critical' that 'the conduct at issue . . .
was . . . prohibited by law.' 494 U.S at 876 (emphasis added). In the present
case, we are not confronted with either a military or legislative
determination which must be afforded similar deference. Order 71-15 is merely
a management directive of an employer, and carries no greater significance
because that employer is a police department."
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