Question
Congress passes a law that requires all persons to download and sign up for a free contract tracing application (app) or pay a penalty of
Congress passes a law that requires all persons to download and sign up for a free contract tracing application ("app") or pay a penalty of $2,000.The penalty is administered through the IRS.
The law also requires individuals who test positive for COVID-19 to notify the government of their positive test via the app, so that the government may institute contact tracing and notify other affected individuals. Failure to do so is a misdemeanor criminal offense punished by a fine of $500.
Question:
Assume Congress has the authority to pass the law. Chad's friend, Brad, belongs to the Church of No Technology. One of the core beliefs of Brad's church is that humans should not use cell phones. Brad tests positive for COVID-19, but fails to notify the government via the app and is prosecuted. Brad challenges the law stating it violates his Free Exercise rights pursuant to the First Amendment. Will he succeed?
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