Posts tagged with: first amendment

rockwell religionChuck Colson, founder of Prison Fellowship and BreakPoint, spoke in a 2009 Breakpoint broadcast about religious liberty. His words apply even more today.

Allow me to make a very direct statement. I believe it is time for the Church in this country to stand up for religious freedom.

Especially over the course of the last few years, we have seen repeated efforts — in the courts, in state legislatures, in Congress and on Pennsylvania Avenue — to erode what has been called the first freedom: religious liberty. (more…)

cartoon free speechThankfully, a bunch of attorneys did not write the founding documents of our nation. Otherwise, we’d be stuck with a Bill of Rights about 700 pages long, and a “we’ll have to pass it to find out what’s in there” attitude. Instead, we have simple things, like Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. That’s easy, isn’t it?

Not to everyone. As NRO’s Jonah Goldberg notes, some folks think that free speech has a whole bunch of clauses, sub-sets or rules that apply before you can actually say what’s on  your mind. He is particularly upset that there are a number of people who believe that it’s okay to say what’s on your mind, as long as it isn’t upsetting to, well, Muslims. (more…)

FreeSpeechThe First Amendment (“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”) is for all Americans. I know that seems obvious, but the folks at Salon seem to need a reminder.

Jenny Kutner has taken offense to a group of Catholic women expressing their opinion. The topic is birth control. (Let me just say that good Christians disagree on this topic. I’m not discussing the legitimate use of artificial birth control here, but rather the right to express one’s opinion on the topic.) In response to the Supreme Court’s decision regarding Hobby Lobby, Buzzfeed featured a group of women holding signs that expressed why they chose to use birth control. About a week later, Buzzfeed featured another group of women who held up signs explaining why they chose not to use artificial birth control. And that’s when Kutner lost it. (more…)

first amendmentKatherine Stewart is most unhappy about the recent Supreme Court decision, Greece v. Galloway. The Court upheld the right of the town of Greece, New York, to being town hall meetings with prayer, so long as no one was coerced into participating. And that makes Ms. Stewart unhappy.

In an op-ed piece for The New York Times, Ms. Stewart decries the Court’s decision as something akin to a vast, right-wing conspiracy.

The first order of business is to remove objections by swiping aside the idea that soft forms of establishment exist at all. Here, the Greece decision delivers, substantially.

A second element of the plan for undermining concerns based on the First Amendment’s Establishment Clause is to reinterpret public acts as personal expressions of speech by private individuals. Thus, when the minister appointed by the municipal government of Greece bids “all rise,” the Supreme Court majority tells us, this is not an establishment of religion because the words are not uttered by public officials. And when the town leaders respond with a sign of the cross, that isn’t establishment either, because, just then, public officials are acting as private individuals.

Another prong in the assault on the Establishment Clause is to use neutrality among religious denominations as a wedge for inserting the (presumed) majority religion into state business.


Blog author: jwitt
Monday, November 4, 2013

Here’s one for the you don’t know whether to laugh or cry file: the National Security Agency and Department of Homeland Security have discovered and quashed an online shop’s attempt to parody the two agencies for behaving like Big Brother.

The silver lining: Dan McCall, owner of the shop, is hoping to restore his his First-Amendment rights through the courts.

The St. Cloud Times reports:

To ridicule electronic surveillance disclosures, he paired the NSA’s official seal on T-shirts for sale with the slogan: “The only part of the government that actually listens.”

He also has one with the sub-heading “Spying On You Since 1952,” and altered the NSA seal to read “Peeping While You’re Sleeping.”

“The NSA and DHS claims there are laws specific to them that prohibit you from doing anything with their logo and we don’t think that jives with First Amendment rights,” McCall said Thursday. (more…)

Blog author: jballor
Monday, June 28, 2010

Gizmodo has an intriguing post about attempts to regulate and even criminalize photography. As Wendy McIlroy reports, “In at least three states, it is now illegal to record any on-duty police officer.” She goes on to detail some of the exceptions and caveats, noting,

The legal justification for arresting the “shooter” rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where “no expectation of privacy exists” (Illinois does not) but in practice this exception is not being recognized.

It is simply amazing the level of accountability and transparency that can now be achieved because of technological advancement. Certainly the Founders didn’t imagine that video recordings would ever exist, much less become important sources of evidence in legal cases.

Are there any compelling reasons that the burden of proof should be on the photographer rather than the law enforcement officer in these kinds of situations? McIlroy continues, observing “recordings that are flattering to the police – an officer kissing a baby or rescuing a dog – will almost certainly not result in prosecution even if they are done without all-party consent. The only people who seem prone to prosecution are those who embarrass or confront the police, or who somehow challenge the law. If true, then the prosecutions are a form of social control to discourage criticism of the police or simple dissent.”

Merely using a camera certainly doesn’t entitle you to do anything you want and expect protection under the First Amendment. But in clearly non-aggressive instances, where police are acting in public and there is the clear potential for recorded data to be used as exculpatory or convicting evidence, the public’s right to accountability and transparency should be respected. Again, writes McIlroy, “Cameras have become the most effective weapon that ordinary people have to protect against and to expose police abuse. And the police want it to stop.”

It’s of course understandable why officers wouldn’t like being recorded, any more than the average person would like to be recorded when doing their jobs. But the job of a law enforcement official isn’t the same as that of an accountant, an editor, or a janitor. It’s a public service position, and one that acts officially and with government sanction in public.

Maybe in our technological age law enforcement officials should increasingly expect to be recorded. Or at least always act as if what they are doing is subject to public scrutiny.

Blog author: ken.larson
Monday, February 22, 2010

The other day with Schools Of Government, I bemoaned the number of undergrads and graduate students in the United States who are stamped by the “academic” majors and programs within universities for the expressed purpose of preparing them for bureaucratic life and perhaps leadership in the municipalities, state and federal governments of these United States.

Depending on whose numbers you use, over 25% of our economy is government – and growing. And since government operates on OPM – other people’s money – that means that three-quarters of the country’s private net worth is floating the entire boat. Reason enough to thank your dry cleaner the next time you pick something up. That goes for anyone else whose hands are hardened by toil.

Fr. Sirico coincidentally brushed on that subject in his latest Acton Notes piece that the postman brought this weekend. He writes:

“The boom was a result of government intervention with markets, and the bust has been the inevitable result. Many people miss this completely. So they blame the most conspicuous sectors in society they can: businesspeople and traders on Wall Street, no matter how unjust this blame is.”

But leave it to George Will to tie all this together. In a current commentary titled “Blinded By Science” Will hits on a more specific dilemma facing Constitutional Government in America. And that’s what the science fanatics who promote climate frauds together with those about to be exposed in the nutrition arguments (Harvard’s just released an analysis of saturated fats. Stay tuned.)  – assert with lucrative help of OPM from government and quasi-government bureaucracies. Those named in the articles include the just resigned Head of the Climatic Research Unit (CRU) of the University of East Anglia; the U.N.’s Intergovernmental Panel on Climate Change (IPCC); and a U.S. Special Envoy for Climate Change – Todd Stern.

Mr. Will suggests that this last fellow may be guilty of violating U.S. Constitutional law.

“It is tempting to say, only half in jest, that Stern’s portfolio violates the First Amendment, which forbids government from undertaking the establishment of religion. A religion is what the faith in catastrophic man-made global warming has become. It is now a tissue of assertions impervious to evidence, assertions which everything, including a historic blizzard, supposedly confirms and nothing, not even the absence of warming, can falsify.”


But as we move into the second full week in Lent, I’m comfortable deferring to the Ten Commandments on matters of temptation and sin. Specifically:

3. Thou shalt have no other gods before me.

4. Thou shalt not make unto thee any graven image, or any likeness [of any thing] that [is] in heaven above, or that [is] in the earth beneath, or that [is] in the water under the earth:

5. Thou shalt not bow down thyself to them, nor serve them: for I the LORD thy God [am] a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth [generation] of them that hate me;

Today’s bureaucrats might pay particular attention to #5 – especially the part following the colon. Especially – according to a story Amity Shlaes tells – if their last name is Ickes.