Free Exercise, Establishment and Statutory Provisions at Guantánamo


In 2005, Newsweek published an article alleging that American interrogators at the detention facility in Guantánamo Bay had flushed a copy of the Koran down a toilet.  This report led to anti-American demonstrations around the world, particularly in Afghanistan and Pakistan, as well as a number of additional publications alleging or confirming instances of religious abuse at Guantánamo.  This article draws upon these allegations as a point of reference to illustrate how the Free Exercise and Establishment Clauses are relevant to the current war against international terrorist organizations and utilizes recent case law to discuss the scope of protection afforded by American statutory and constitutional provisions to events occurring abroad.