Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Journal

First Amendment

2013

Law Enforcement and Corrections

Articles 1 - 2 of 2

Full-Text Articles in Law

Demystifying “Pornography”: Tailoring Special Release Conditions Concerning Pornography And Sexually Oriented Expression, Laura A. Napoli Apr 2013

Demystifying “Pornography”: Tailoring Special Release Conditions Concerning Pornography And Sexually Oriented Expression, Laura A. Napoli

The University of New Hampshire Law Review

[Excerpt] “This article examines the design of special release conditions and the problems that arise when such conditions do not comport with constitutional standards. Part I provides a general overview of the First Amendment issues that often arise with respect to special release conditions. Part II discusses the current state of the law and classifies the types of bans defendants have encountered in supervised release conditions. Part III explains the factors that are frequently considered in assessing the validity of special release conditions, and Part IV suggests a new approach for evaluating the constitutionality of special release conditions. The article …


Banning The Hijab In Prisons: Violations Of Incarcerated Muslim Women's Right To Free Exercise Of Religion, Ali Ammoura Apr 2013

Banning The Hijab In Prisons: Violations Of Incarcerated Muslim Women's Right To Free Exercise Of Religion, Ali Ammoura

Chicago-Kent Law Review

Muslim American women who wear the hijab, or Islamic headscarf, face religious discrimination in nearly every aspect of their public life. They even face it during arrest or incarceration. Law enforcement officials often force Muslim women to remove their hijab while in custody, which both degrades and humiliates them in the process. But prison policies that prohibit incarcerated Muslim women from wearing the hijab violate their right to free exercise of religion. Penal institutions should not prevent incarcerated Muslim women from wearing a hijab without compelling reasons, especially when such policies often arise out of religious discrimination. Courts must …