On November 27, 2024, FFRF filed an 8th Circuit Court of Appeals amicus brief in the case Schmitt v. Rebertus in opposition to the free speech and free exercise claims of an outside minister who wished to proselytize inmates. Plaintiff Anthony Schmitt volunteered to teach a DVD course called “The Quest for Authentic Manhood” (Quest) at the Minnesota Correctional Facility-St. Cloud. The purported goal of this program is to educate men on masculinity from a Christian perspective. The course demonizes the idea of “feminine men,” blames women for certain crimes committed by men, and advocates for homophobic views.
In 2023, the Minnesota Department of Corrections (DOC) decided to no longer allow Schmitt to show the Quest DVDs because the course “did not align with evidence-based correctional practices and conflicted with the DOC’s mission and values.” Additionally, the DOC reported that there were security concerns related to Quest because it devalues groups that are represented in the incarcerated population and DOC staff. In response, Schmitt filed a lawsuit alleging that the DOC’s decision to stop the Quest course violated his First Amendment rights. The District Court denied his motion for a preliminary injunction so he appealed to the 8th Circuit.
This amicus brief argued that the District Court’s denial of Schmitt’s preliminary injunction should be upheld. It explains that Schmitt is an outsider without a direct First Amendment interest in accessing materials inside of a prison. The brief goes on to argue that the appeals court should agree with the DOC that their programming is government speech. However, if the court does not find the program is government speech then it must applyTurner v. Safley and balance constitutional rights with security concerns.
This brief was drafted by FFRF Legal Fellow Hirsh Joshi with Senior Counsel Sam Grover.
