Seigi
Regular Member
The Louisiana Supreme Court published their opinion in the Draughter case a few days ago. Full text is here:
http://www.lasc.org/opinions/2013/13KA0914.opn.pdf
In summary, they applied strict scrutiny - which they clarified was quite different from the old standard - and found both a compelling interest in restricting people on probation and a narrow tailoring thereto, and declined to comment on anything further.
So, the good news is that the Court isn't screwing around on strict scrutiny and will be applying it to even the laws already on the books, the bad news is that we didn't get what would've been an enormous protective pronouncement, and the old news is that people on probation don't really have "rights" as we're used to thinking of them. They can't associate with criminals (right of assembly, 1st Amendment), can't leave the state (Privileges and Immunities clause of the 14th Amendment), can't refuse searches (4th Amendment)...RKBA is hardly the first right accepting probation waives.
http://www.lasc.org/opinions/2013/13KA0914.opn.pdf
In summary, they applied strict scrutiny - which they clarified was quite different from the old standard - and found both a compelling interest in restricting people on probation and a narrow tailoring thereto, and declined to comment on anything further.
So, the good news is that the Court isn't screwing around on strict scrutiny and will be applying it to even the laws already on the books, the bad news is that we didn't get what would've been an enormous protective pronouncement, and the old news is that people on probation don't really have "rights" as we're used to thinking of them. They can't associate with criminals (right of assembly, 1st Amendment), can't leave the state (Privileges and Immunities clause of the 14th Amendment), can't refuse searches (4th Amendment)...RKBA is hardly the first right accepting probation waives.