Criminal Procedure

Paper Summary:

The paper notes that in the U.S. Muslim women are required to lift their veils for identification photos such as passports and drivers licenses. This paper provides a review of the relevant peer-reviewed and scholarly literature to demonstrate that such demands are not subjective, unreasonable and violative of religious freedom, as well as the right to privacy and due process, and that the state does in fact have a "right to see your face." A summary of the research and salient findings are presented in the conclusion.

Outline:
Review and Discussion
Conclusion

From the Paper:

"According to this author, the judge in the case admitted the plaintiff's religious sincerity and considered Freeman's argument that comparable rights had been extended to isolationist Christian sects in the 1970s and 1980s, but pointed out that much had changed in the intervening decades and that the introduction of technology and new threats to the nation's security. The other arguments used by the plaintiff in support of her position that she had a right to a Florida driver's license without having to submit to a photograph of her entire face were likewise countered by the judge who pointed to the overriding security interests of the state and the innovations in technology that had been introduced over the years. In sum, the judge clearly stated that, "Plaintiff certainly has the right in America to wear her niqab and hijab in public and even while driving, but that is not the same thing as presenting a masked photo for ID purposes" (Freeman v. DMV, p. 12). "

Sample of Sources Used:

• Freeman v. Florida, No. 2002-CA-2828, 2003 WL 21338619, Fla. Cir. Ct. Jun. 6, 2003.
• Kahn, R. A. (2007). The headscarf as threat: A comparison of German and U.S. legal discourses. Vanderbilt Journal of Transnational Law, 40(2), 417.
• Weiner, L. (2004). Islam and women: Choosing to veil and other paradoxes. Policy Review, 49.
• Wexler, J. D. (2002). Preparing for the clothed public square: Teaching about religion, civic education, and the Constitution. William and Mary Law Review, 43(3), 1159.

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