Berkowitz on Sarkozy and the veil

Peter Berkowitz discusses, in the Wall Street Journal, the recent announcement by French President Nicolas Sarkozy that he intends to secure a ban on the full Muslim veil. 

Mr. Sarkozy's ban on the full veil represents a draconian measure for a free society. Arguably, it is necessary and proper. But it won't prevail without a fight. A few days after Mr. Sarkozy's speech, the Council of State, France's highest administrative body, declared that an outright ban would be hard to enforce, might be unconstitutional, and should be rejected. Meanwhile, a similar ban was unanimously approved by Belgium's home affairs committee last week and will be voted on by the lower house of parliament later this month.

Restrictions on liberty in a free society are always suspect and in need of justification. The best justification is the protection and promotion of freedom. . . .

Given the importance that the French Constitution attaches to liberty and the seriousness of the threat to peace and public order posed by the large, restive and nonassimilating portion of its Muslim population, the veil represents a legitimate concern. Banning it would be justified to the extent that Muslim communities in France use the veil to deprive girls of basic educational opportunities and to prevent women from fulfilling their obligations as citizens, or that terrorists create a security threat by disguising themselves in the veil.

Circumstances, not just principles, are decisive. . . .

Thoughts?

Update:  Jody Bottum, at First Thoughts, has some.