| Venue: | DC Cir |
| Facts: | Lutheran church operates radio stations. FCC requires that those who use the airwaves be EEOs. The church gets low turnout, for obvious demographic reasons. |
| Posture: | Dispute over hiring processes. ALJ orders the church to report on its recruiting efforts and the commission affirms. |
| Issue: | Does this interfere with the church's ability to prefer Lutherans in hiring, and therefore Free Exercise? |
| Holding: | Yes. |
| Rule: | Strict scrutiny: this doesn't even come close. |
| Reasoning: | This whole thing is ridiculous, in so many ways. But the bottom line is that the "diversity of viewpoints" angle is unrelated to race in any serious manner, and therefore there's no compelling state interest. |
| Dicta: | |