Now there is a total of 38 first amendment victories since 06/08. Not just cases but victories. The cases I haven't been keeping count of. See 4 more First Amendment victories in NM, AZ, CO and WV. Another employee fired over "homophebia" in the UK and 6 new cases!!! Talk about intolerance!!! for a trail of links to all 38.
California
Two new cases in California and some humour in below video concerning one of these cases.
Calif. court: Christian student free to speak as case proceeds-"Yuba College officials threatened the student, Ryan Dozier, with arrest or expulsion for sharing his faith on campus in violation of college policies that dramatically restricted free speech. For example, the college prohibits student speech without a permit outside of the school’s “free speech” limits of one hour per day two days per week....Dozier arrived on campus in February to attend class and briefly share a Christian message with fellow students, engaging them through tracts, a sign, and conversation along an outdoor walkway. A campus police officer approached Dozier, telling him he needed a permit for such activity and that he would be arrested or face expulsion if he continued. The college allows “free speech” only on Tuesdays and Thursdays between 12 p.m. and 1 p.m., with permission required two weeks in advance.
Dozier later received a certified letter from the college accusing him of assembling without a permit and violating school policy. The letter stated that his activity was the subject of a district police department crime report and that future violation of the directive and Student Code of Conduct would result in further discipline, including arrest and expulsion from the college (www.telladf.org/news/story.aspx?cid=4693).
“The college’s policies unlawfully censor student speech on campus. We look forward to making our arguments to the court at the hearing scheduled for Dec. 12,” said ADF Litigation Staff Counsel David Hacker, who is also working on the case. Dozier is additionally represented by ADF-allied attorney Timothy M. Smith of the Sacramento law firm McKinley and Smith.
A copy of the minute order issued by the U.S. District Court for the Eastern District of California, Sacramento Division, in the lawsuit Dozier v. Houle is available at www.telladf.org/UserDocs/DozierOrder.pdf."
Court ruling means Modesto man free to speak-"Borden has been sharing his faith peacefully with others in Tenth Street Plaza, a public square in downtown Modesto. After Brenden Theatres, a private business located on the plaza, complained about Borden’s speech, the city allowed Brenden to rent the plaza almost every Saturday evening for several months. Brenden excluded Borden and his associates from the area even though no events are taking place there and no one else is excluded.
On Monday, Hacker concluded her arguments in favor of a preliminary injunction before the U.S. District Court for the Eastern District of California, Fresno Division, in Borden v. City of Modesto (www.telladf.org/news/story.aspx?cid=4750).
In his order granting the injunction, Chief U.S. District Judge Anthony W. Ishii said that “enough [evidence] has been provided to demonstrate that Borden will likely prevail on the merits.”
The order permits Borden to share his faith in the plaza as he was previously doing. A copy of the order is available at www.telladf.org/UserDocs/BordenPIorder.pdf."
Texas
Defining Unborn Child as "Person" In Murder Law Upheld-"In Eguia v. State of Texas, (TX Ct. App., Nov. 20, 2008), a Texas appellate court upheld appellant's conviction for murdering a woman and her unborn child. The court rejected appellant's constitutional challenge to the Texas statute that defines an unborn child as a "person" for purposes of the capital murder statute. (TX Penal Code 1.07(a)(26)). Jacob Eguia contended that this definition violates the Establishment Clause of the U.S. Constitution and Art. I, Sec. 6 of the Texas Constitution that bars giving preference by law to any religion. Holding that "a statute is not automatically rendered unconstitutional simply because it advances ideals that harmonize with religious ideals," the court found that the statute meets the Lemon test. It concluded that "the State has a legitimate secular interest in protecting mothers and their unborn children throughout the mother’s pregnancy"
Georgia and Virginia
Good News: Circuit Court Says 'Jesus' can be Part of Public Prayers-"The 11th U.S. Circuit Court of Appeals in Atlanta has ruled that praying in the name of Jesus or other religious leaders is permitted at government meetings.
Taxpayers in Cobb County had complained that their county commission and planning commission opened meetings with prayers assigned among local religious leaders on a rotating basis.
Bruce Hausknecht, judicial analyst for Focus on the Family Action, said the court simply sided with the First Amendment.
But, he said, the case probably is not over.
“I would expect them to appeal because they are frightened by any invocation of a deity in the public square," he said."
But not in Virginia
Rally Held for Troopers over Jesus' Name-"The name of Jesus was the focus of a prayer rally outside the governor's mansion in Richmond, Virginia over the weekend.
More than a thousand people gathered to show their support for six Virginia state police chaplains, who were forced to resign for praying in Jesus' name.Click play to hear Pat Robertson's comments following CBN News Reporter Wendy Griffith's report...."-See Pastors vs IRS a week after. Why is not Big Media covering this? where the Governor endorses the ban to pray in Jesus name and see Six VA Troopers Quit Over Prayer Rules .
Christians Rally for VA Police Chaplains-"One of the chaplains spoke with CBN News and said he resigned because he felt like the state was forcing him to deny his personal relationship with Jesus Christ. Click play for his comments."
Minnesota
School settles over pro-life T-shirts-"The Thomas More Law Center has claimed victory in a case in which school officials violated a student's free-speech rights.
Center attorney Brian Rooney says the 12-year-old sixth-grader in Hutchinson, Minnesota, wore pro-life T-shirts, designed by the American Life League, to declare his belief that abortion robs an innocent person of life and is an offense to God....In a press release by the Thomas More Law Center, a national public-interest law firm whose services are free of charge, Rooney contends the school threatened the student with suspension if he kept wearing the pro-life T-shirts. However, the threats violate the school's policy on free speech. "The school has a written policy that allows children to wear these types of messages," Rooney adds. "It says [students may wear them] as long as the messages do not cause a disturbance in the classrooms." The only disturbance, according to Rooney, was caused by the teachers and principal. School district officials did allow pro-homosexual students to wear T-shirts representing the Day of Silence held each year to promote acceptance of the lifestyle. Thomas More Law Center filed a lawsuit, but the school district has settled out of court and will permit pro-life T-shirts.
Michigan
Detroit police concede victory in pro-life lawsuit-"A war between a pro-life demonstrator and Detroit police has been solved, for now.
The incident involved a demonstration at a pregnancy center involving pro-abortion and pro-life supporters. Pro-life activist Dr. Monica Miller witnessed pro-abortion activists assault a pro-lifer, so she called police. According to a Thomas More Law Center press release, the police issued Miller a ticket when she refused to march in the same circle as the pro-abortion picketers....The Law Center then filed suit, but it was settled after Detroit agreed not to pursue criminal charges against Dr. Miller and acknowledged that citizens can lawfully and peacefully protest on public sidewalks. "Our lawsuit put the Detroit Police Department on notice that there are consequences for disregarding the First Amendment rights of those who speak out on behalf of the unborn," Boling says."
Canada
Saskatchewan marriage commissioner sues after being fined for refusing to “marry a gay couple”-"Winnipegsun.com reports: “A marriage commissioner is suing the Saskatchewan government after being fined $2,500 for refusing to marry a gay couple.” The Commissioner contends that it would violate his Baptist faith to perform the ceremonies."
Canadian Human Rights Commission Consultant's Report Calls For Repeal of “Hate Speech” Law-"Constitutional law expert Richard Moon of the University of Windsor has recommended that the Canadian government scrap Section 13 of the Human Rights Act, the "hate-speech" provision which empowers the CHRC to censor the Internet and other electronic media. Moon instead said that hate speech on the internet, rather than being made the domain of the commissions, should instead be left as the domain of the criminal court system.
The recommendation has come as a shock to many, who expected Moon, who was chosen by the CHRC to prepare the report, to puppet the CHRC’s stance on the need for the commissions to prosecute “hate speech.” Instead Moon has aligned himself firmly with the many critics of the CHRC who argue that the commission are increasingly posing a threat to freedom of speech....Prominent Human Rights Commission critic Ezra Levant commented on his blog that he was surprised at Prof. Moon's call for the repeal of section 13, but not surprised that the CHRC will not follow his recommendation.
"I’m surprised, because Moon was hand-picked by Jennifer Lynch, the Canadian Human Rights Commission’s chief commissar, and was paid more than $50,000 by her for his 42-page report (nice work, if you can get it.)”...Despite resistance from the CHRC, the movement to abolish Section 13 of the Human Rights Act is gaining considerable momentum. At the Conservative party’s national policy convention earlier this month over 99% of the delegates voted to remove authority from the Canadian Human Rights Commission to regulate, receive, investigate or adjudicate complaints related to Section 13.
Levant said he was “delighted” with the vote. The message is clear, said Levant: “The party's grass-tops activists … support freedom of speech and thought, and now see the Canadian Human Rights Commission for what it is: a violator of rights, not a protector of them.”
The Moon report is available on the CHRC website, at http://www.chrc-ccdp.gc.ca%22/- Also, see Faith and Foreign Policy where Canadian conservatives won big in their election inspite of unpopularity of Bush that liberals were pushing in Canada.
India
Protecting India's Minority Faiths-"Dr. Yeduguri Sandinti Rajasekhara Reddy is the Chief Minister of India's Andhra Pradesh state. Andhra Pradesh borders the state of Orissa, where for weeks Hindu radicals have waged a fierce battle against Christians.
Dr. Reddy was elected Chief Minister (equivalent to a US Governor) in 2004 promising to uplift the downtrodden and neglected segments of Indian society. For the past four years, this charismatic and one of India's most popular politicians, has devoted his energy to securing the rights of the poor and the underprivileged.
In an exclusive interview with CBN News' George Thomas, Dr. Reddy spoke about the challenges facing Christians in Orissa and the need to create a more peaceful and harmonious society. Click play to watch George's interview with Dr. Reddy."
