Volume 33 • Winter 2005/2006

Click here to download entire CD
or click on individual tracks below.
(PC users right click to download;
Option-Click for Mac Users)

Message from Campaign Host, John W. Whitehead

The preamble to the U.S. Constitution states: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

Yet recent surveys provide an alarming glimpse into the lack of knowledge that “we the people” have about our most basic liberties and fundamental freedoms. For example, most Americans cannot name the five freedoms found in the First Amendment to the Constitution. Less than half of those surveyed could not identify the three branches of government (more than one in five identified the branches as Republican, Democrat, and Independent).  And nearly one third of the students questioned about the First Amendment believe it goes too far in the rights it secures American citizens.

Unless Americans are educated about their constitutional rights, we cannot expect them to have a serious commitment to safeguarding their freedoms for future generations. Volume 33 of First Liberties turns the spotlight on individuals who are taking a stand, against all odds, for their freedoms, whether it’s a group of disabled golfers fighting for equal time on the green, a coalition of grandmothers protesting the Iraq war or a kindergartner standing up for his right to freely express his religious beliefs in the classroom. Hopefully, their acts of courage will inspire others to take their own stands for freedom. After all, the right of the people to challenge the laws of the land and defend their liberties makes America a unique champion of liberty and justice for all—indeed, an example for all the world.

Therefore, as an ongoing sign of our commitment to educate Americans about their rights and freedoms, The Rutherford Institute is proud to partner with radio stations and media outlets across this country to present the latest installment of its First Liberties public service radio campaign.

Program Guide

1. Shaving Religious Freedom
(also available as a 30-sec. PSA, track 31)
For Muslim firefighter Curtis DeVeaux, shaving his beard meant hosing down his religious freedom. Objecting to a fire department ban on facial hair, DeVeaux turned to the courts for help in having his religious beliefs accommodated. DeVeaux claims the ban on beards infringes on his Muslim faith. But fire department officials insist that facial hair poses a safety risk. And a Pennsylvania judge agreed that safety concerns warrant an exception to the state’s religious freedom act. The point of law is our First Amendment.  While the government has a legitimate interest in protecting the safety of its employees, it is also required to reasonably accommodate an individual’s right to freely exercise his or her religion.  And that’s one of your First Liberties. 
           
2. Golf Handicap
Lying about a handicap may be par for the course among amateur golfers, but a group of physically disabled Californians is hoping the truth about their handicap will set them free. Free to golf, that is. The disabled golfers are teed off that Marriott, the world’s largest golf management company, refuses to provide them with special carts that allow people who can’t walk to play golf. Now they’ve filed a class action lawsuit against the mega-company, claiming that Marriott is preventing them from participating in a physical activity and pursuing business on the 18th green. The point of law is the Americans With Disabilities Act.  The 1990 federal law requires businesses, including golf courses, to reasonably accommodate the disabled.  The right to not be discriminated against due to a physical handicap is one of your First Liberties.

3. Express Yourself
Legendary dancer Martha Graham believed that “Dance is the hidden language of the soul.” But if folks in Marshall, North Carolina, have any say in the matter, Rebecca Willis’ hidden language will stay well hidden. Claiming that Willis’ dancing was lewd and inappropriate, town officials banned her from the local “twist and shout” where residents gathered to dance and socialize. To Willis, her dirty dancing is a form of expression. But an appeals court disagreed, drawing a distinction between dancing for personal pleasure and dancing for entertainment. Still, the point of law is our First Amendment. The courts have long held that certain forms of dancing like ballet and striptease are constitutionally protected forms of speech. The right to express yourself, even on the dance floor, is one of your First Liberties.

4. The Not-So-Friendly Skies
(also available as a 30-sec. PSA, track 32)
Southwest Airlines may sell itself as the symbol of freedom, but Lorrie Heasley’s not buying. In fact, Heasley’s ready to clip the airline’s wings for kicking her off a flight for wearing a profane political T-shirt that depicted President Bush in a not-so-favorable light. Southwest officials claim that they have a right to deny travel to any customer whose clothing is lewd, obscene or offensive. Now the courts will have to decide whether free speech flies in the friendly skies. The point of law is our First Amendment. Whether you’re at ten thousand feet in the air or on solid ground, the right to freely express yourself—even when your speech is offensive to others—is still one of your First Liberties.
             
5. A Toss of the Free Speech Dice
For street preacher James Gilles, trying to win the souls of college students is a little like playing the game Monopoly.  But instead of landing on the Boardwalk, Gilles drew a “Go To Jail Now” card. Campus police arrested Gilles after students complained that he was making derogatory comments about the gay lifestyle. But Gilles insists that he was playing by the rules in exercising his right to free speech. The point of law is our First Amendment. Although it guarantees the right to speak freely, the courts have held that fighting words used to inflict injury or disrupt the peace are not protected speech.  However, the right to free speech, even when unpopular or politically incorrect, is still one of your First Liberties.
           
6. Raging Grannies
(also available as a 30-sec. PSA, track 33)
Poet Dylan Thomas believed that “old age should burn and rave” and rage, and that’s exactly what some peace-loving gray-haired grannies in New York City are trying to do. Determined to protest against war, a group of outraged grandmothers are trading in their old-school knit sweaters for jail stripes in the name of peace. Armed with walkers and canes, the group known as the Raging Grannies showed up at a military recruitment center, ready to enlist. When Uncle Sam showed them the door, the gray-haired grandmothers staged a sit-down in protest and were soon arrested. But the point of law is our First Amendment.  The right to peacefully protest—whether you’re a raging granny or a petulant teen—is one of your First Liberties.

7. Dodging a Legal Bullet
Juan Mata may think one New Mexico traffic cop is a dirty rotten liar, but saying so on a picket sign may be his ticket to jail. After a traffic stop disagreement turned into a drawn-out feud, Juan Mata decided to see if the pen really is mightier than the sword. Circulating a petition and protesting with a picket sign, Mata accused the police officer who pulled him over of being a liar and a dirty cop. Now Mata is trying to dodge a legal bullet, having been charged and convicted under a state law with criminal libel, harassment and stalking. But the point of law is our First Amendment.  While statements made with malice can be considered libelous, the right to voice fair criticism, even against government officials, is one of your First Liberties.

8. God at the Show-and-Tell
(also available as a 30-sec. PSA, track 34)
When a kindergartner suggested that God might be the answer to greenhouse gases, school officials saw red. Kindergartners at a New York public school were asked to create posters showing ways to save our planet. For Antonio Peck, the answer was prayer and recycling. The young environmentalist created a poster depicting Jesus in prayer alongside images of people planting trees and recycling trash. But school officials weren’t quite so keen about Antonio’s religious take on keeping the earth green, so they covered up the drawing of Jesus. Now these educators are being taught the ABCs of the Constitution in the classroom. The point of law is our First Amendment.  Whether the topic is greenhouse gases or God, the right to free speech yourself is one of your First Liberties. 

9. First Amendment, Armed and Dangerous
(also available as a 30-sec. PSA, track 35)
User beware: the First Amendment is armed and dangerous. Gun show operators Russell and Sallie Nordyke have set their sights on a California ordinance banning firearms, and they’re using the First Amendment as ammunition. The California couple claim that the ban is jamming their ability to participate in political speech through the display of firearms at gun shows in Alameda County. But county attorneys insist the ban is a public safety issue. Now a district court judge has agreed to give the Nordykes a shot at proving their free speech claim to a jury. The points of law are the First and Second Amendments to our U.S. Constitution. The right to express yourself, through speech or action, and the right to own and bear arms are two of your First Liberties. 

10.  Jail Bird with Celtic Pride
(also available as a 30-sec. PSA, track 36)
If convicted felon Eric Torpy has to go down, he wants to do it in a blaze of Celtic glory. Prosecutors wanted Torpy to serve a 30-year jail sentence. And his attorney agreed. But for the Boston Celtics fan, doing time meant more than running down the “shot clock” in a prison cell. It was his chance to honor his all-time Celtic hero, Larry Bird. So Torpy asked the judge for 33 years instead of 30 in a tribute to the number Bird wore during his NBA championship triumphs. Incredibly, the judge agreed. The point of law is our Eighth Amendment. While it does not prevent a prisoner from asking for more time, it does prevent the government from inflicting cruel or unusual punishments. And that’s one of your First Liberties.

11.  Whole Lotta Breathin’ Goin’ On
There was a whole lotta heavy breathing going on among high students who attended their homecoming dances this year. But it wasn’t taking place on the dance floor. In an effort to discourage underage drinking and pre-dance partying, school officials in Santa Barbara, California, announced plans to conduct random Breathalyzer tests on students, as well as any who appeared drunk at the homecoming dance. While school officials hope the breath tests will discourage heavy drinking, some students have voiced the concern that it might be a precursor to drug-sniffing dogs and greater losses of privacy at school. The point of law is our Fourth Amendments.  Although minors tend to have less privacy than adults, the right to be free from unreasonable searches is still one of your First Liberties. 

12. The Mother of Civil Rights
One of the greatest lessons our nation has ever learned about taking a stand for justice can be traced to one small African-American seamstress who refused to stand up. Although Rosa Parks’ remarkable life ended on October 24, 2005, the legacy of the woman known as the Mother of the Civil Rights movement will continue on.  Parks’ historic refusal to give up her seat to a white man on an Alabama bus and her subsequent arrest set the wheels of the civil rights movement turning. And thanks to Rosa Parks’ refusal to stand, others have been inspired to take their own stands for freedom. The point of law is the Civil Rights Act of 1964. The right to not be discriminated against because of the color of your skin is one of your First Liberties. 

13.  Taking the Fight to the Streets
Outraged over curb ramps that are in disrepair or missing altogether, disabled Chicago residents are taking to the streets. One wheelchair-bound resident, Bruce Moore, claims he has had to resort to traveling on busy city streets in order to avoid bad curb ramps. City officials insist that they’re working to address the needs of the disabled. But handicapped residents have taken their complaints to court, hoping for action. The point of law is the Americans with Disabilities Act.  The ADA ensures that individuals with disabilities are able to have access to school, work, and independent living.  The right to be free from discrimination—whether it’s on the basis of race, gender, or physical handicap—is one of your First Liberties. 
           
14.  Slamming the Breaks on Free Speech
When an Ohio cop encountered a road-block to his free speech rights, he decided to pave the road to freedom by giving city officials a lift to the federal courthouse. According to a North Royalton policy, city employees are banned from engaging in partisan political activity at all times. So when police officer Rob Breyley was ordered to remove a political sign from his truck, he took his concerns to court. Now, although a revised policy still gives city employees a red light for political speech, it must yield to officers’ free speech rights when they are off-duty. The point of law is our First Amendment.  Whether you are a private citizen or a public official, the right to express yourself, politically or otherwise, is l one of your First Liberties.

15. Off to the Principal’s Office I Go
14-year-old Anthony Latour may not have been rapping Young MC’s “Off to the Principal’s Office I Go,” but that’s exactly where he ended up when school officials found out he was writing violent rap lyrics. School officials believed the lyrics constituted a “true threat” to shoot up the school and another student, so they contacted the police and expelled Anthony from school. One civil liberties group came to Anthony’s defense, calling his lyrics “battle rap”—a form of expression they insisted was protected by the First Amendment. And a federal judge agreed. The point of law is our First Amendment. Although students may not disrupt school with their speech, the right to freely express yourself—whether through rap, rhyme or rhythm— is one of your First Liberties.

16. Grumpy Griping
(also available as a 30-sec. PSA, track 37)
Hot air balloon manufacturer Ron DiGiovanni knows all about blowing hot air. So when used car insurer Penn Warranty refused to honor a claim for service on Ron’s used truck, Ron created an online gripe site to voice his displeasure with the company. He had even more to gripe about after the car insurer sued him for libel. But Ron insisted that he has a First Amendment right to voice his personal opinions.  And a New York Supreme Court judge agreed that Ron DiGiovanni’s expressions of consumer dissatisfaction constitute protected speech because they reflect his personal opinion. The point of law is our First Amendment.  The right to voice your personal opinions, whether it’s out loud or online on a gripe site, is one of your First Liberties.

17. Fact Stranger than Fiction
(also available as a 30-sec. PSA, track 38)
For 14-year-old Rachel Boim, fact was definitely stranger than fiction. Rachel, a student at Roswell High School in Colorado, was suspended over a fictional story she had written in her private journal. School officials claimed that Rachel’s story, about a girl who dreams of killing her math teacher, violated the school’s zero tolerance policy for threats against teachers. But civil liberties advocates argue that there’s a big difference between a factual threat and a fictional story. Now the courts must decide whether school officials need to show more common sense in the classroom. The point of law is our First Amendment. The right to freely express yourself, whether through fact or fiction, is one of your First Liberties. 

18. Burying Free Speech
Threats of protests at military funerals have prompted a county commission in Tennessee to get dead serious. Clay County officials wanted to keep protesters away from the funerals of soldiers killed at war. So they passed a resolution requiring that demonstrators obtain protest permits and stay 5,000 feet away from funerals. County officials claim the resolution is intended to ensure that protesters allow the bereaved to grieve in private. But critics of the protest policy insist that the resolution will only succeed in burying free speech and restricting the right to peacefully assemble. The point of law is our First Amendment. The right to freely assemble and express your political views, whether popular or not, is one of your First Liberties.
           
19. Tea-Totaling
(also available as a 30-sec. PSA, track 39)
Not since the Boston Tea Party has tea been such a hotly contested topic of debate. In an epic battle that is pitting the rights of churches against the government’s war on drugs, the Supreme Court will decide whether a federal narcotics policy should trump religious freedom. Believing that they have a right to get high on God, members of a small American church are challenging a ban against importing and drinking a sacred tea with hallucinogenic effects. Government officials, on the other hand, insist that federal drug policy should prevail over the outlawed herbal beverage. But the point of law is the Religious Freedom Restoration Act. The right to have your religious beliefs reasonably accommodated is one of your First Liberties.

20. You Are What You Read
For those who’ve always believed that “you are what you eat,” the Justice Department has taken a new turn on the old adage. Now, government officials seem to think “you are what you read.” At least, that seemed to be the case after a Connecticut library group was ordered to hand over information on the reading habits of its patrons—and prohibited from saying a word about the request! Justice Department officials claim the gag order is necessary for national security.  But civil liberties groups say it endangers the right to engage in the national debate on issues of concern like the Patriot Act. The point of law is our First Amendment. The right to freely speak about and debate the issues of the day is still one of your First Liberties.

21. Showdown in a Shopping Mall
(also available as a 30-sec. PSA, track 40)
A dispute over pamphleteering in a parking lot could turn into a showdown between free speech and property rights. Rich Collins never imagined he could end up in handcuffs for distributing campaign literature in a shopping center parking lot. Since the shopping center is open to the public, Collins believes he should be able to freely express himself there. But store owners disagree, insisting that private property—even if it’s open to the public—is restricted space. Now a federal court must decide whether shopping centers are forums for free market enterprise as well as forums for the free marketplace of ideas. The point of law is our First Amendment. The right to freely express yourself, whether on a political platform or in a parking lot, is one of your First Liberties.

22. No Child Left Behind
(also available as a 30-sec. PSA, track 41)
The No Child Left Behind Act might ensure that our nation’s children don’t get left behind in their educations. But it’s also ensuring that no child gets left behind on the way to the military recruitment office. The federal law requires schools to turn over students’ names, ethnicity, grades and contact information to military recruiters. If schools fail to comply, they could find their federal funds in jeopardy. The military maintains that these student records will help their recruitment efforts. But privacy advocates worry that the information could be misused or fall into the wrong hands. The point of law is our Fourteenth Amendment. The right to privacy at any age is one of your fundamental First Liberties.

23. Preserving Liberty
(also available as a 30-sec. PSA, track 42)
Do you know your U.S. Constitution? Sadly, not many Americans know much about the document that Abraham Lincoln called “the only safeguard of our liberties.” Surveys indicate that few Americans can even name specific rights guaranteed by the First Amendment, the bedrock of the Bill of Rights. Less than half of Americans surveyed can correctly identify the meaning of separation of powers. And more than one in five identified the three branches of government as Republican, Democrat and Independent rather than Executive, Legislative and Judicial. But the point of law is our U.S. Constitution. If we are to safeguard our republic, we must begin with an understanding of the rights enshrined in our Constitution. Knowing and freely exercising your constitutional freedoms are the keys to preserving your First Liberties. 

24. TeenScreen 101
Teen Screen, a mental health exam that tests for suicide and mental illness, might be targeted at teenagers, but it’s got parents in an uproar. After arriving at school one day, 15-year-old Chelsea Rhoades was directed to take a mental health exam. The TeenScreen exam, which claims to test teens at risk for suicide or mental illness, was carried out without the knowledge or permission of Chelsea’s parents. Now, Chelsea’s parents are asking a federal court to take TeenScreen to task for usurping their parental rights. The point of law is the Protection of Pupil Rights Amendment, which requires schools to obtain “written parental consent” before engaging in such programs as mental health screening. The right to direct the upbringing of your children is one of your First Liberties.

25. Gunning for the Second Amendment
(also available as a 30-sec. PSA, track 43)
While the Supreme Court has "staked-out" the perimeter of the Second Amendment, it has yet to draw the line in the showdown over the right to keep and bear arms. Although gun advocates insist the Second Amendment protects the right of individuals to own guns, critics claim that it only protects the right of the States to maintain an organized military. And while Congress has placed greater limitations on the possession of firearms over time, the Founding Fathers were quite vocal about the issue. As Thomas Jefferson stated, it is the right and duty of the people “to be at all times armed.” The point of law is our Second Amendment. The right to lawfully own and bear arms is still one of your First Liberties.

26. Storming the Castle
(also available as a 30-sec. PSA, track 44)
When is a man’s home NOT his castle? If some government officials get their way, it would be whenever they say so. With the city of New London, Connecticut, experiencing a significant economic downturn in recent years, city officials began looking for ways to improve the economy. Their solution was to lay siege to private property under the state’s right of eminent domain and redevelop it to attract businesses and increase tax revenue. Despite the outcry from citizens and civil libertarians alike, the Supreme Court agreed that economic development is a sufficient enough reason for the government to take private property and use it for more profitable purposes. But the point of law is our Fifth Amendment. The right to not be deprived of life, liberty or property is still one of your First Liberties. 

27. The Bottom Line for Corporate America
As businesses try to reconcile increasingly diverse workplaces with their bottom line, religious workers are being forced to pay the price. A 2001 study indicates that more than 80% of American adults identify themselves with a religious worldview. So it’s not surprising that religious discrimination complaints in the workplace have risen dramatically in the past decade. Yet this doesn’t have to be a recipe for disaster. According to The Rutherford Institute’s “Special Report for Corporate America,” which outlines the do’s and don’ts of religious expression in the workplace, employers can accommodate the religious beliefs of their employees AND still make a profit. The point of law is Title VII of the Civil Rights Act of 1964.  The right to be free from religious discrimination is one of your First Liberties.

28. No Place to Hide
Stolen passwords. Compromised personal records. Some might consider it the heist of the century. The identities of thousands of unsuspecting Americans have become casualties in business ventures in which sensitive data about nearly every adult is being bought, sold and stolen. Commercial database brokers like ChoicePoint have become the government’s own private intelligence agency. But according to critics, this marriage between private data companies and government may lead to a surveillance state in which Americans find themselves with nowhere to run and nowhere to hide. The point of law is the 1974 Privacy Act, which prevents the government from amassing our personal information.  The right to be free from government intrusion is one of your First Liberties.
           
29. The Music of Dissent
(also available as a 30-sec. PSA, track 45)
When Ohio school officials prevented a Christian rock band from performing at an anti-drug rally, some of the band members decided to sing a different tune. The music group Pawn attempts to convey positive messages through its music, including messages that oppose drugs, alcohol and sexual promiscuity. So Pawn seemed like the perfect choice to present anti-drug messages to high school students. But when school officials rescinded their invitation to the band because the band members were Christians, Pawn turned to The Rutherford Institute for help. Now a federal court must decide. The point of law is our First Amendment. The right to NOT be discriminated against because of your religious beliefs is one of your First Liberties.

30. Motorized Justice
For many visitors, Mackinac Island, where bikes, horses and feet are the only legal means of transportation, is a tribute to a bygone time. But for one resident, the island’s ban on motorized vehicles is a throwback to the dark ages of discrimination. When multiple sclerosis sufferer Donald Bertrand began tooling around the island on his motorized bike, city officials fined him for his electric joy ride. Insisting that the ban discriminated against the disabled, Bertrand took his complaint to court, and the courts granted him a ticket to ride. The points of law are the Fourteenth Amendment and the Americans with Disabilities Act. They ensure that people with disabilities are given the same opportunities as non-disabled persons. And that’s one of your First Liberties.