February 28, 2008

EUGENE VOLOKH ON enjoining a mosque as a harmful public nuisance.

It’s less of a stretch than he might think — the Tennessee Supreme Court upheld an injunction against a church that practiced snake handling, despite no evidence of risk to third parties, in Tennessee ex rel. Swann v. Pack, 527 S. W. 2d 99 (Tenn. 1975) and the Supreme Court denied cert. I think that Swann was wrongly decided, but hey, I think a lot of cases are wrongly decided . . . .