Showing posts with label First Amendment. Show all posts
Showing posts with label First Amendment. Show all posts

Dearborn Responds

Monday, April 25, 2011

Mayor O'Reilly, a fine Irish-American
I missed this, but apparently the Mayor of Dearborn, Jack O'Reilly, wrote an open letter to "Pastor" Terry Jones before Terry's silly protest.

Click that link. It's a great letter; cogent, calm, well-put. Some highlights:
I watched you on television speaking about the Constitution and Dearborn, and it appears you need more information about both before you come to our city.

...

The Constitution says that your rights must be balanced with the rights of others under the same document. Your free speech rights do not allow you to trespass on the private property of others or prevent them from the Constitutional right to freely practice their religion. I am not just talking about Muslims but members of all faiths.

The members of the Christian churches on Altar Road asked me last week if they should cancel their Good Friday services because of your planned visit. I assured them that they should not because the Constitution does not allow you to violate their rights. I don’t know why you selected Good Friday but it wasn’t very considerate of the significant Christian services being held at that time. I assure you that you will not make them forfeit their services.

...

There is no Sharia Law in Dearborn, only Constitutional Law. Sharia Law is church- or faith-based law that is applicable only to the followers of that faith...The actual originator of the event you plan to hold in Dearborn, Frank Fiorello of the Fraternal Order of the Dragon, accepted my invitation to learn more about Dearborn, and after seeing the truth, he canceled his protest.

But, if you don’t believe that Dearborn follows the Constitution, here are some realistic facts for you. Businesses in Dearborn lawfully meet the diverse needs of our Greater Detroit area, but if Dearborn practiced Sharia Law, would we have ... more alcohol licensed bars and restaurants per capita than most other cities? None of that should be allowed under Sharia Law.

How about this? A business we boast about, the nationally known Dearborn Sausage, opened more than 60 years ago across the street from the first mosque in Dearborn and is famous for its sausages and spiral sliced hams. It is one of many meat packing operations in our City and no one has ever objected. [Sharia Law expressly forbidding pork; note added by me]

Dearborn is also famous for The Henry Ford Museum and Greenfield Village, where more than 1.5 million visitors come each year from across the country and the world to learn about the foundations of our American way of life.
I could go on, but you get the point. It's a nice letter. It plays Terry for the fool he is and in essence plays anyone small-minded enough to believe his or other reactionaries' hype and nonsense.

His closer is spot on: "As we work hard to balance your rights with the rights of others in Dearborn, you will be extended every courtesy during your visit – as long as you follow the law based on the Constitution’s protection of everyone’s rights. That should be a familiar statement to you."

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The Limits of Free Speech

Friday, April 22, 2011




Pastor Terry Jones seems to be giving Fred Phelps competition for the title of most offensive 'christian'. His latest stunt brings him to my state where he plans on staging a rally in front of a Dearborn Mosque against "the radical element of Islam." Local officals have expressed concern that things may get out of hand and have asked him to put of money to help pay for some of the massive amount of security that will have to be deployed. He has refused and there is a hearing scheduled later today to decide if he has to pay.

Not surprisingly, the ACLU has come out in support of the right of Terry Jones to protest and said that the government cannot impnge on someone's free speech rights. I can see both sides of this and the fact that Jones is so offensive makes it hard to support him in any way. This would be a security nightmare. Jones has a 1.2 million dollar bounty on his head from some Pakistani group and I am sure that there are many others that want him dead. On the other hand, with 'free speech zones' and other similar pratcices, are we seeing a gradual erosion of free speech rights? What kinds of constraints should the state put on groups when they want to protest? The Supreme Court has said time and time again, that content-based restrictions are unconstitutional, so does this amount to a de facto contetnt-based restriction?

Personally, I wish that the media and everyone else would ignore this guy, but that isn't going to happen. In the alternative, I would like to see a massive, peaceful, counter-protest.

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Pushing the Limits of Church and State

Monday, February 15, 2010


The New York Times Magazine, a weekly publication where they get to put longer stories and points of interest than what appears in their normal paper, recently published How Christian Were The Founders, an article that highlights the Christian Fundamentalist movement to effectively rewrite American history from a Christian-centric point of view. Highlighted in the article is the Texas Board of Education and and several opinions from Christian-based law schools.

More specifically, this movement focuses on American's founding fathers having a deeply Christian motivation for creating this country the way they did, as substantiated by early-American texts such as the Declaration of Independence, the Mayflower Compact and the Fundamental Orders of Connecticut. This is, the movement contends, supposed to be a Christian nation and our early historic documents verify that.

One of the most interesting cases made (and by "interesting" I mean "a stretch") for this is by Liberty University Law School's Cynthia Dunbar:

Dunbar began the lecture by discussing a national day of thanksgiving that Gen. George Washington called for after the defeat of the British at Saratoga in 1777 — showing, in her reckoning, a religious base in the thinking of the country’s founders...

...A student questioned the relevance of the 1777 event to the court rulings, because in 1777 the country did not yet have a Constitution. “And what did we have at that time?” Dunbar asked. Answer: “The Declaration of Independence.” She then discussed a legal practice called “incorporation by reference.” “When you have in one legal document reference to another, it pulls them together, so that they can’t be viewed as separate and distinct,” she said. “So you cannot read the Constitution distinct from the Declaration.” And the Declaration famously refers to a Creator and grounds itself in “the Laws of Nature and of Nature’s God.” Therefore, she said, the religiosity of the founders is not only established and rooted in a foundational document but linked to the Constitution. [emphasis added]
I checked with a few of my legal resources (my lawyer buddies) and asked them about this concept of "incorporation by reference." The consensus was this: incorporation by reference is often done in creating laws as well as in contract law and trust and estate law. But Constitutional Law, or in taking a non-legal document, like the Declaration, and trying to have any of its references incorporated into the Constitution is not an accurate use of that legal concept.

This entire article sets the stage for this: the movement focuses on tearing-down the "wall of separation" between church and state.
[Wallbuilders leader] David Barton reads the “church and state” letter to mean that Jefferson “believed, along with the other founders, that the First Amendment had been enacted only to prevent the federal establishment of a national denomination.” Barton goes on to claim, “ ‘Separation of church and state’ currently means almost exactly the opposite of what it originally meant.”
A response:
“The founders deliberately left the word ‘God’ out of the Constitution — but not because they were a bunch of atheists and deists,” says Susan Jacoby, author of “Freethinkers: A History of American Secularism.” “To them, mixing religion and government meant trouble.” The curious thing is that in trying to bring God into the Constitution, the activists — who say their goal is to follow the original intent of the founders — are ignoring the fact that the founders explicitly avoided religious language in that document.
I could fill line after line with examples in the article from one side or another in this debate, so instead I encourage you to read the article.

There are a few things at work here in this article. First is the Texas Board of Education. Unlike many other states, the Texas Board determines the curriculum and textbooks for the entire state, rather than district-by-district. Given the size of the Texas school system, and what that does to the price and content of textbooks across the country, what the Texas Bord decides arguably has a massive effect on the content of textbooks across the country.

The Texas Board is systematically allowing for religious content in public school books. This article not only shows how that is happening, and who the players are, but also how the Texas Board movement is hand-in-hand, conceptually and actually, with the overall "Christian Nation" movement across the country.

I have several problems with this. First, I believe the tactics they are using are misleading. Filling law school students' heads with erroneous legal interpretations is irrensponsible. Their goal there is to be able to start to challenge 1st amendment cases, with fresh Christian-law-trained minds, all the way up to SCOTUS...and perhaps even control SCOTUS one day. I admire the long-view strategy; that takes a level of commitment that I can't fathom! But it treads dangerously close to the establishment of a State religion.

Another problem I have is the blind, dogmatic following of the Texas Board with this approach. Specifically, here's one of my favorite gems:
Brown Bear Brown Bear, What Do You See?” It’s not an especially subversive-sounding title, but the author of this 1967 children’s picture book, Bill Martin Jr., lost his place in the Texas social-studies guidelines at last month’s board meeting due to what was thought to be un-American activity — to be precise, “very strong critiques of capitalism and the American system.” Martin, the creator of 300 children’s books, was removed from the list of cultural figures approved for study by third graders in the blizzard of amendments offered by board members...

..In this case, one board member sent an e-mail message with a reference to “Ethical Marxism,” by Bill Martin, to another board member, who suggested that anyone who wrote a book with such a title did not belong in the TEKS. As it turned out, Bill Martin and Bill Martin Jr. are two different people. But by that time, the author of “Brown Bear, Brown Bear” was out. “That’s a perfect example of these people’s lack of knowledge,” Miller says. “They’re coming forward with hundreds of amendments at the last minute. Don McLeroy had a four-inch stack of amendments, and they all just voted on them, whether or not they actually knew the content.[emphasis added]
It's fine for students to learn about the Mayflower Compact or any of the other semi-constitutional documents that preceded the actual Constitution, especially in terms of their overall impact on the final document we know and love today. But despite the rhetoric of only wanting to "acknowledge" the Christian contributions to the United States, this is an attempt to rewrite American history and establish Christianity as the single religion of the U.S., through our public school system (which is supposed to be the great democratizer).

Either you acknowledge every religion's impact on the formation of the country, or you stay secular and report the facts. I'm all for the latter. I can learn all the other stuff in the church of the denomination that I choose to attend. I am not hyperventilating about what they're doing; I don't think in the long run that our country will become some Christian Caliphate. But I do want to raise awareness. Our government is secular for a reason and what these folks are doing threatens to violate the 1st amendment and clearly establish a de-facto religion for the United States. That's not government's role, and that's not public education's role.

[/navel gazing]

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