Robin Vander Wall
I really don’t see how that’s legally possible. Smith is not in play here except as the platform used for Snyder. In fact, Smith is helpful to the Snyder outcome. What the Sixth Circuit essentially said is what most of us have been saying for a long time: Smith doesn’t support restrictions on movement, residency, or access to the common implements of free living. Smith answers a very narrow question from Alaska. Can a state require people who have been convicted of an offense to register their names and addresses? Smith says YES! Smith says yes AFTER the Court determines that the Alaska statute imposes none of the burdens that would trigger a stricter analysis. The Sixth Circuit ruling re-establishes the parameters set forth by Smith. It makes everything status quo ante. So everything sort of goes back to how it was in 2003.