Part I will lay the foundation for the constitutional right to freedom of religion in the United States. It will explain how the Framers understood the right in the lead up to, and at the time of, the ratification of the Free Exercise Clause as part of the Bill of Rights. Part I will also address more modern advances in religious liberty protections for prisoners before discussing two recent milestones: the Religious Land Use and Institutionalized Persons Act and the Supreme Court’s decision in Holt v. Hobbs. Part II addresses the right to freedom of religion internationally. It begins by considering the international right to religious freedom under the Universal Declaration of Human Rights and the European Convention on Human Rights and then discusses recent case precedents in the European Court of Human Rights. Finally, Part III offers conclusions and recommendations regarding how the right ought to be interpreted and applied both domestically and internationally for the better protection of a prisoner’s right to a preacher and a place to worship. This includes both jurisprudentially in emerging cases such as Holt v. Hobbs II and in the context of international policy through means such as the U.S. State Department’s new Commission on Unalienable Rights.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.