Summary of facts: Prison officials barred a volunteer minister from teaching a course on masculinity from a Christian perspective at a Minnesota correctional facility because it “conflicts with the diversity, equity, and inclusivity values” of the state prison system by “defining manhood…through a biblical lens.” The minister sued in federal court, arguing that the ban violated his First Amendment rights to free speech and free exercise of his religion. The court denied his motion for a preliminary injunction, relying on the weak standard of Turner v. Safley, 482 U.S. 78 (1987) that is usually applied to inmates. The minister appealed to the U.S. Court of Appeals for the Eighth Circuit.

RFI position: The state’s action amounts to viewpoint discrimination and must surmount strict scrutiny under both the Free Speech and Free Exercise Clauses of the First Amendment. The trial court erred in failing to apply such scrutiny. Moreover, the court erred in applying the standard of Turner v. Safley to a non-inmate. The First Amendment religious expression rights of volunteers should not be diluted just because their audience is incarcerated.