O'NEIL v. Schuckardt

I disagree with the majority opinion’s discussion in Part II that Jerry O’Neil established that the defendant church and its members intruded upon the seclusion of the O’Neil family. I must point out, however, that even if the church had obtained information about the O’Neil’s family relationships and religious beliefs without any consent on the part of Pauline, Jerry or the children, Jerry O’Neil would still have to have proved this intrusion was not only intentional, but was also malicious.

The religious freedoms protected by both the United States and Idaho Constitutions require this higher…