First Amendment Rights in the Military Context: What Difference Is Due - Goldman v. Weinberger
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Authors
Donahue, Mary Jo
Issue Date
1987
Volume
20
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|When Dr. S. Simcha Goldman resorted to the United States Supreme Court to vindicate his fundamental right to freely exercise his religion, a right which he claimed was infringed by the application of the Air Force's uniform regulation prohibiting the wearing of his yarmulke, the Court was forced to juggle, on the one hand, its traditional policy of judicial deference to the military and, on the other hand, its duty to protect the liberties established by the Bill of Rights. Whereas in a standard juggling act neither ball ultimately dominates the action, in Goldman one ball clearly carried the day. In rejecting Dr. Goldman's challenge, the Court applied the deference policy with great force and left the fundamental right subordinated...
Description
Citation
20 Creighton L. Rev. 85 (1986-1987)
Publisher
Creighton University School of Law