this is a legal memorandum that determines whether or not our client, John Rollins, has had his First Amendment rights violated. The operative facts are as follows. In 2009, Rollins was convicted of three counts of second degree rape, reckless endangerment of a child and possession of child pornography. Amongst other accusations, Rollins was accused of abusing a relationship with his step-daughter and being in possession of multiple mediums of child pornography. After a plea bargain with the State, Rollins was sentenced to ten years in prison and a lengthy rehabilitation program through the prison system.

Part of that rehabilitation involves Rollins participation in a new therapy called Behavioral Psychoanalytic Therapy (BPT), which has recently been adopted in California, Oregon and Washington to treat sex offenders. BPT is a method of therapy that uses time-honored psychiatry techniques in revolutionary ways to treat the underlying causes of sex crimes. BPT therapy has a very high success rate among sex offenders and specifically those who are convicted of crimes against children.A recent study has indicated that offenders treated with BPT are three times less likely to be arrested again on similar charges than offenders receiving other forms of therapy.

BPT was formed by Matthew Hamilton, who has been the public face of this therapy movement since its inception. Hamilton is recognized as the founder of BPT and gives many talks and speeches to government programs and universities regarding BPT. Hamilton is also a scientologist and has recently been very vocal about the spread of scientology throughout the United States. In a recent interview, Hamilton stated, "BPT has nothing to do with Scientology, but in the same token, has everything to do with Scientology. We don't discuss Scientology or any religion in BPT sessions, but it would incorrect to state that there is not a connection between my beliefs in Scientology and the key elements of BPT.Much like any other person, I cannot simply turn my beliefs on and off".

Despite these statements, there are no direct references to Scientology in BPT training sessions. Participants in BPT are not encouraged to recognize Scientology or join Scientology during BPT sessions; however, recent studies have shown that successful BPT graduates have shown a high conversion rate to Scientology after the therapy has concluded. In the same token, the religious beliefs of the participant have shown no positive or negative effect on an offender's success rate with BPT. It is also generally undisputed that there are similar communication techniques in both programs. For example, church members in Scientology are encouraged to speak openly to another member of the Church about one's background and history, while a member of the Church, or auditor, uses Church equipment to measure one's progress. Although there is no mention of this process in BPT, a key part of BPT involves offenders speaking openly and freely about their addictions and the causes of their crimes in a very similar form to that of Scientology. It should also be noted though that there are no mentions of god or a higher power in BPT therapy.

Hamilton's involvement in Scientology has caused many to question whether BPT is a proper form of therapy for inmates of a State sponsored prison.Currently, inmates who are convicted of sex crimes may apply for Fast Track Release, which is a program eligible to sex offenders who complete a rigorous amount of therapy and classes that in turn can hasten their release from prison by approximately 25%. BPT therapy is just one of many programs within the Fast Track Program, but all participants must take mandatory BPT sessions within the program. Those offenders who refuse to take BPT, or any of the recommended treatments, cannot complete the Fast Track program; although they may still receive their normal parole and/or release for good behavior. It should also be noted that admission into the Fast Track program does not guarantee early release, as early release is only provided if the offender shows improvement through the treatment.

Rollins refused to take BPT therapy on account that the therapy is religious in nature and that the State forcing him to take this therapy violates his First Amendment Free Exercise Rights. Rollins finished all other terms of the Fast Track Program; however, he does not feel that he should be required to complete the BPT therapy on account that he does not approve of Scientology as a religion. When asked for comment, all governing members of the prison system and parole board have denied Rollins claim, stating that there is no religious connection between Scientology and BPT and therefore denying Rollins early release is not a violation of his civil rights. In the ten years since BPT has been used by the prison system, there have been no complaints by prisoners; however, it has only been two years since Hamilton has come out as an open and public Scientologist.The head of the prison system, Neal Healy, stated during a deposition that Rollins' rights were not violated because the Fast Track Program is voluntary, so if Rollins has personal feelings about a type of therapy, he may make the decision not to participate. Rollins is still permitted to apply for regular parole that all other offenders are entitled to, but he may not apply for this program without completing all the treatment. Rollins' feelings regarding BPT cannot invalidate the intent of the program nor the success of this type of therapy. Frankly, the success of BPT is the only reason why we have this program available. Unfortunately, we are not at liberty to cater to each offender's choice of treatment".

Please draft a memo that addresses whether Rollin's First Amendment rights have been violated on account of the BPT program.

draft a response in IRAC form,use all of the cases provided, and ensure that all of your citations are in full bluebook form. You should only include the discussion and argument pertaining to the client's question. Therefore, do not include an issue presented, facts, etc.