Document Type

Brief

Publication Date

11-14-2022

Abstract

No. 22-1876
Mohamed Solah Mohamed A Emad v. Dodge County

Appeal from the United States District Court for the Eastern District of Wisconsin, Honorable Lynn Adelman (19-cv-0598)

From the Summary of Argument

Cases concerning the expression of constitutional rights in prison settings often pose difficult questions regarding the appropriate balance between the government’s penological interests and the prisoner’s fundamental freedoms. This case does not. Mohamed Salah Ahmed Emad did not ask the Dodge County Detention Facility (nor does he ask this Court) to locate the appropriate degree to which a prison must accommodate a novel or historically unusual religious exercise. Just the opposite, Emad asked for the simple freedom to engage in practices—including congregate religious worship and prayer outside of his cell—that have been recognized and allowed in prisons throughout our Nation’s history. That the Constitution demands protection for those historically rooted practices has been clear since the adoption of the First Amendment itself.

Comments

The Becket Fund for Religious Liberty is a nonprofit, nonpartisan law firm dedicated to protecting the free expression of all religious traditions. It has represented agnostics, Buddhists, Christians, Hindus, Jews, Muslims, Native Americans, Santeros, Sikhs, and Zoroastrians, among others, in lawsuits across the country and around the world.

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