Volume 34 • Summer 2006

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Message from Campaign Host, John W. Whitehead

The introduction to A Patriot’s Handbook notes:

In order for our democracy to thrive, each of us must give something back. We must make a commitment not just to vote, but to be engaged, to understand the sources of our rights and freedoms and the struggles of those who fought and died to preserve them. Our nation celebrates the individual, and just as it provides for us, so it expects of us. America has given us her best. Now it is our turn.

In this spirit of “giving something back” so that our democracy might thrive, Volume 34 of First Liberties focuses on Americans who are engaging in the struggle to protect their constitutional freedoms. Some of their stories—like the one about the Denver grandmother arrested for refusing to show her ID on a commuter bus—provide us with a reality check, reminding us that we live in critical times, with our rights being eroded on all fronts.

Others, like the ones about the Hare Krishna couple standing up for their right to raise holy cows, the New Jersey student who wore skirts to protest his school’s no-shorts dress policy and the battle for intellectual property rights in fantasy sports leagues, remind us that no matter how insignificant the issue might seem to the majority of Americans, what is important in the end is taking a stand on principle for the things that truly matter to us as individuals and as citizens.

As Thomas Jefferson said, “The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive.”  Thankfully, that spirit of resistance is still alive in America today. Yet if we are to assure the survival and success of liberty, it is vital that each and every one of us take a turn at standing up for freedom.

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. Fashion Police
(also available as a 30-sec. PSA, track 31)
Officials at an Atlanta school gave new meaning to the term “fashion police” when they issued a ban on gang-related clothing. After the school’s “dress police” suspended a black honor student for wearing a Ralph Lauren polo shirt and a college football jersey, the student’s family turned to the courts for help in sorting out the wardrobe issues. School officials defended the ban, insisting it‘s necessary to curb gang violence. But a federal judge disagreed, ruling that the dress policy was unconstitutional because it was too vague. The point of law is our First Amendment.  It protects your right to freely express yourself—whether you do it through words or clothing.  The right to free speech and free expression is one of your First Liberties.

2. Three Words Worth Fighting For
(also available as a 30-sec. PSA, track 32)
In the state where Thomas Jefferson penned the Virginia Statute for Religious Freedom to protect the likes of three Baptist preachers jailed for uttering unlicensed prayers, it may seem strange that ending a prayer with three small words could ignite a legal brushfire. Yet it has. When the Fredericksburg City Council adopted a policy prohibiting Councilman Hashmel Turner from ending his prayers at council meetings “in Jesus’ name,” Turner decided they were three words worth fighting for. Assisted by The Rutherford Institute, Turner is asking the courts to affirm his constitutional right to freely pray according to his conscience. The point of law is our First Amendment.  It guarantees all Americans the right to freely exercise their religion.  And that’s one of your First Liberties.

3. Mass Transit Freedom Riders
(also available as a 30-sec. PSA, track 33)
A commuter bus may seem like an unlikely vehicle for an act of civil disobedience. But this mass transit motorcar has carried more than one freedom rider to a place in American history. Fifty years after Rosa Parks kickstarted the civil rights movement on an Alabama bus, Deb Davis took her own stand for freedom. Refusing to go along with an arbitrary ID check in order to complete her morning commute to work on a Denver bus, Davis was handcuffed and arrested. But she is standing firm in the belief that it’s not necessary to blindly obey every dictate imposed in the name of security. The point of law is our Fourth Amendment. The right to be free from unnecessary searches and seizures is still one of your First Liberties.

4. So Help Me, Allah?
Does a courtroom oath count if it’s sworn on a Quran instead of a Bible? A North Carolina law allows witnesses in court to take their oath either by laying a hand over a "Holy Scripture," by saying "so help me God" without the use of a religious book, or by using no religious symbols at all. Critics insist that allowing Christians to swear on a Bible while denying Muslims, Jews, Hindus and others a chance to use their religious texts violates the First Amendment. But two state judges disagreed, insisting that only the Bible could be used. Still, the debate is far from over. The point of law is our First Amendment. The right to religious freedom—even in the courtroom—is one of your First Liberties. 

5. UnFAIR, Not Illegal
A federal law designed to force universities to permit military recruiting on their campuses may be unFAIR, but it’s not illegal. At least that’s what government officials were hoping the U.S. Supreme Court would conclude in the case of Rumsfeld v. FAIR. The case arose after law schools began denying military recruiters equal access to their future lawyers in protest of the military’s “don’t ask, don’t tell” policy regarding gays. The government’s response was “no military, no money.” Now the Supreme Court has decided that Congress’ control over the purse strings trumps the schools’ free speech claims. The point of law is our U.S. Constitution. Although the rights set forth in it comprise some of your most fundamental First Liberties, they are not absolute and can be reasonably restricted.

6. Holy Cow!
A legal dispute in western New York gives new meaning to the phrase “holy cow.” To Stephen and Linda Voith [VOYTH], their six cows are not farm animals but a fundamental part of their Hare Krishna beliefs, which requires them to protect and celebrate cows. So when the couple ran up against a local law that bans the keeping of farm animals on small lots, they took their concerns to court. The Krishna couple insist the law violates their religious beliefs. Unfortunately for the Voiths and their “holy” cows, the state Supreme Court disagreed. But the point of law is our First Amendment. The right to freely exercise your religious beliefs, whether you’re a Christian, Jew or Hindu, is one of your First Liberties.

7. The Lobe Will Set You Free
If courts across the country get their way, defendants may soon have more than the truth to set them free. Tests for blood, fibers and fingerprints play a regular part in determining the guilt or innocence of those accused of committing crimes. But body parts could soon get their day in court, especially ear lobes. A federal judge made headlines when he allowed a body parts expert to testify about an accused bank robber’s earlobes as evidence of his innocence. The point of law is our Sixth Amendment. It provides Americans with the right to introduce witnesses and evidence in their defense at trial. The right to introduce evidence at trial to prove your innocence—whether through blood, fingerprints or body parts—is one of your First Liberties.

8. Stitch-n-Snitch Nation
With its record numbers of places to dine in and eat out, America may very well be a fast-food nation. But it’s a stitch-n-snitch nation as well. A popular line of t-shirts urges its wearers to “Stop Snitching.” But a Massachusetts judge insists the t-shirts are out of place in the courtroom. So hoping to discourage intimidation tactics in the courtroom, the judge placed a ban on the stitch-n-snitch tees. But when Boston mayor Thomas Menino launched a similar campaign to discourage merchants from selling "Stop Snitching" clothing, civil liberties advocates insisted such tactics would cause a snag in the weave of freedom. The point of law is our First Amendment.  The right to express yourself, out loud or on your clothing, is one of your First Liberties.

9. Playing Hardball
(also available as a 30-sec. PSA, track 34)
A St. Louis-based fantasy sports company is suing the Major League Baseball Players’ Association for playing hardball over its stats. Fantasy sports league enthusiasts enjoy whiling away their hours poring over the profiles and statistics of their favorite players. But for one federal judge who has been asked to determine who owns the stats for America’s favorite pastime, the hours spent analyzing the law may be a bit more grueling. The baseball association believes they own the intellectual rights to the identities and statistical profiles of big league players. But fantasy sports companies disagree, insisting that baseball stats become historical facts as soon as the game is over. The point of law is our First Amendment. The right to freely publish information on serious—or not-so-serious matters—is one of your First Liberties.  

10. Solitary Confinement
A federal judge gave new meaning to the term “solitary confinement” when he prohibited a Detroit man from living with any woman for a year. The man, whose rap sheet for domestic violence includes beating up two fiancées and sending one to the hospital, is required to give women with whom he socializes the details on his violent history. And, under the terms of his sentence, he must also hand over the women’s names and numbers to his probation officer. Although the convict’s attorney insists the sentence violates his client’s right to freely associate with others, an appeals court disagreed. The point of law is our First Amendment. The right to freely associate with people of your choosing without excessive government interference is one of your First Liberties.

11. Privacy Rights on Hold
(also available as a 30-sec. PSA, track 35)
A law permitting federal investigators to spy on cell phone users has put the government on the receiving end of heaps of criticism. While critics acknowledge that warrantless searches of cell phone records may be warranted in emergency situations like kidnappings, they’re concerned that legalizing the method will put privacy rights on hold forever. Already, one federal judge has ruled that the Patriot Act and federal wiretapping laws allow police to track people through their cell phones without the need for a warrant or proof of criminal activity. But the point of law is our Fourth Amendment.  It requires the government to get a warrant supported by probable cause before seizing private information.  The right to be free from unnecessary government intrusion—even on your cell phone—is one of your First Liberties.

12. A Paper Badge of Courage
During the Holocaust, German Jews were forced to fall in line with Hitler’s order that they wear yellow stars on their clothing—or face the dire consequences. But when a New Hampshire English teacher required his students to wear yellow stars as a part of a classroom lesson in empathy for the Jews, some students objected. Insisting the assignment violated their religious freedom, the students instead wore paper notes that proclaimed, “We’re not Jewish.” As a punishment for act of civil disobedience, they were given lower grades than those who wore the yellow stars. But the point of law is our First Amendment. The right to not be discriminated against based on your religion—or NON-religion—is one of your First Liberties.

13. The Not-So-Friendly Skies
(also available as a 30-sec. PSA, track 36)
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.

14. A Toss of the Free Speech Dice
For street preacher Jim 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.

15. First Amendment, Armed and Dangerous
(also available as a 30-sec. PSA, track 37)
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 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 officials 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. 

16. The Right to Be Heard
For fans of cop shows, the Miranda warning that “you have the right to remain silent” is an all too familiar refrain. Now a movement is underway to remind crime victims that they have rights, too.  Patrick Kenner wanted a chance to have his say in court at the sentencing of the man who had bilked him out of millions of dollars. So it was like adding insult to injury when a district court judge insisted that he be seen and not heard. Fortunately, an appeals court disagreed, ruling that crime victims must be given a chance to have their say in court. The point of law is the Crime Victim’s Rights Act of 2004. The right to be heard—and not just seen—is one of your First Liberties.

17. Spam-a-lot
Junk emails can tax our nerves, but do they tax the law as well? Maryland resident Eric Menhart thought so and decided to put his theory to the test. Citing a Maryland anti-spam law that makes it a crime to send unsolicited emails into the state, he took a New York email marketer to court. The marketer claimed the law was an unconstitutional infringement on his right to do business. But a state appeals court disagreed, sending the spammer the unwelcome message that the law was NOT on his side. The point of law is our U.S. Constitution. While it grants Congress the right to regulate commerce between the states, states still have leeway to enact laws in the interest of the public welfare. And that’s one of your First Liberties.

18. Skirting the First Amendment
(also available as a 30-sec. PSA, track 38)
When a New Jersey school adopted a dress code prohibiting students from wearing shorts, one outraged student accused school officials of skirting around the First Amendment. Choosing to skirt the policy in his own way, senior Michael Caviello started wearing skirts and kilts to school. He insisted the dress code was unfair and discriminatory. School officials disagreed, issuing a warning against boys in skirts. But all’s well that ends well. After civil liberties advocates contacted the school, they agreed to treat all students equally. So although Michael still can’t wear shorts, he won’t be punished for skirting the policy in skirts. The point of law is our Fourteenth Amendment. The right to be treated equally and not be discriminated against because of your race, religion or gender is one of your First Liberties.

19. Taking on the Terminator
You can take an actor out of Tinseltown, but you can’t always take a tendency to tinker with reality out of an actor. So when California governor Arnold Schwarzenegger started creating promotional videos that resembled news shows, and used government funds to do it, a state court gave the Tinseltown star a reality check. Critics had taken the Terminator to court, insisting that the videos amounted to little more than propaganda masquerading as news. And a Sacramento County judge agreed that state agencies should not use public money for such propagandist projects. The point of law is the federal campaign finance law. The right to have public accountability and an honest democracy is still one of your First Liberties.

20. We’re Not in Kansas Anymore
Oz-bound Dorothy might have a hard time recognizing Kansas today. With its law targeting teens who have sex, the Sunflower State is a far cry from the place where a Tinseltown teen dreamed about talking scarecrows and cowardly lions. Now, health care professionals and educators are being required to get in on the act and report teen confessions of sexual activity. Critics believe the law is an invasion of privacy that could discourage young people from confiding in adults and health care workers about serious issues. But the point of law is our Fourteenth Amendment.  It guarantees that all people—even teenagers—have a right to protect the private details of their lives.  The right to personal privacy is one of your First Liberties.

21. Dead Man Walking
When inmate Alan Crotzer emerged from a Florida courthouse as a free man, he gave new life to the term “dead man walking.” With a 130 [one hundred and thirty]-year sentence on the books, Crotzer was as good as dead before DNA evidence cleared him of wrongdoing. Now, he is the 173rd [one hundred and seventy-third] person in the United States to be exonerated through the use of DNA evidence. Prosecutors had resisted using DNA to prove someone’s innocence. Hopefully, Crotzer’s case will mark a turning point in how Florida prosecutors and lawmakers approach DNA testing. The point of law is the Innocence Protection Act.  The federal law guarantees inmates nationwide access to DNA evidence.  The right to prove your innocence when accused of a crime is one of your First Liberties.

22. A Wing and a Prayer
(also available as a 30-sec. PSA, track 39)
Some might think that inmates have a “wing and a prayer” chance of getting special treatment in prison. But all Billie Joe Wolf wanted was a feather. Wolf asked prison officials to provide him with a bird feather in order to properly exercise his native Indian religion. But prison officials refused. They insisted that passing on a plucked plume could undermine prison security.  So Wolf turned to the courts for help in acquiring a prayer feather, pointing out that there are more dangerous things than feathers to be found behind bars. And the courts agreed. The point of law is the Religious Land Use and Institutionalized Persons Act of 2000.  Whether you’re incarcerated or free, the right to freely exercise your religious beliefs is one of your First Liberties.

23. Beyond the Pale
When employees at Bed, Bath and Beyond were denied meal breaks, it was clear to workers’ rights advocates that the popular retail store was beyond the pale of the law. But a solution was far from clear since conflicting court rulings have muddied the waters. One ruling seems to benefit employers by limiting the amount a company would have to shell out in back pay to a one-year period. Another ruling requires employers to pay up to four years in back pay damages. Now a higher court may have to decide the fate of the overworked employees. The point of law is the Fair Labor Standards Act, which requires that companies provide their employees with reasonable break periods.  The right to be treated fairly, on the job and off, is one of your First Liberties.

24. Branded a Traitor
(also available as a 30-sec. PSA, track 40)
When a Veterans Affairs nurse published a letter in her local newspaper criticizing the Bush administration’s handling of the Iraq War and Hurricane Katrina, she came close to being branded a traitor. Laura Berg had no idea her letter to the editor, written as a private citizen, would make her the target of a government investigation for sedition. Or result in her computer being seized! But as one US Senator remarked, “expressing disagreement with the government's actions does not amount to sedition or insurrection.”  The point of law is our First Amendment. Fundamental to democracy is the right of its citizens to freely protest against their government without fear of reprisal.  The right to discuss matters of public concern is one of your First Liberties.

25. King of the Castle
(also available as a 30-sec. PSA, track 41)
We’ve all heard the expression, “A man’s home is his castle.”  But is he really the king of the castle if a homeowners’ association can prohibit him from posting political signs in his own front yard? That was the question put before a state appeals court when several New Jersey residents sued the Twin Rivers Homeowners’ Association. The residents claimed their right to engage in political speech was being violated. And the appeals court unanimously agreed, ruling that the residents’ “rights to engage in expressive exercises must take precedence over the [association’s] private property interests.” The point of law is our First Amendment.  The right to speak freely—especially in your own front yard—is one of your First Liberties.

26. Unlearning Segregation
One of the greatest lessons our nation has ever learned can be traced to a small, impoverished school in Topeka, Kansas. When young Linda Brown was forced to attend the segregated, all-black Monroe School, her parents decided it was time to make a change. And the Supreme Court agreed. Declaring that separate but equal accommodations were unconstitutional, the high court’s ruling in Brown v. Board of Education set the stage for the school desegregation movement that was to come. Fifty years later, that ruling remains a shimmering testament to our nation’s efforts to rise above racial discrimination. The point of law is our Fourteenth Amendment.  It provides equal protection under the law regardless of a person’s skin color.  The right to be treated fairly is one of your First Liberties.

27. Free Speech is Sweet
(also available as a 30-sec. PSA, track 42)
Jellybeans are a favorite sweet among young and old, especially at Easter time.  But things went sour when a little girl in Ohio tried to share not just her candy but also her Christian faith with her classmates. School officials refused to allow the kindergartner to give her classmates small bags of jellybeans with a religious poem about the meaning of Easter. Yet whether the message accompanies candy in the classroom or a discussion over the water cooler at work, Americans have a right to freely share their religious beliefs with those around them. The point of law is our First Amendment.  Its protections cover all viewpoints and don’t stop at the schoolhouse door. The rights to free speech and free exercise of religion are two of your First Liberties.

28. $20 to Life
(also available as a 30-sec. PSA, track 43)
Murderers and other bad guys often get twenty to life for their crimes.  But have you ever heard of someone getting life for stealing a twenty dollar bill? In Florida, career thief Leonard Reed was sentenced to life in prison for stealing twenty dollars from a police officer. Reed pleaded for mercy, but under a state law that requires tough sentences for repeat offenders, the judge’s hands were tied. Reed’s attorney said the punishment didn’t fit the crime, but prosecutors argued it fit a pattern of crime. The point of law is our Eighth Amendment. It prohibits the government from inflicting “cruel and unusual” punishment, but it leaves its definition to the legislature. Whether it’s your first offense or your fifth, the right to be punished fairly is still one of your First Liberties.

29. Common Sense in the Classroom
(also available as a 30-sec. PSA, track 44)
A child gets suspended from school because the chain on her “Tweety Bird” wallet constitutes a weapon; another student is suspended for pretending her grape juice is wine; yet another is expelled for writing an imaginary story about a student who falls asleep in class and dreams of killing the teacher.  All across the country, so-called “zero tolerance” policies are inciting school officials to abandon common sense and criminalize children for being children. Unfortunately, this all-or-nothing zeal to make schools safer is teaching children the lesson that justice does not prevail. But the point of law is our U.S. Constitution. It provides us with a blueprint to follow to safeguard our civil liberties. Whether you’re eight or eighty, the right to be treated fairly and be free is one of your First Liberties.

30. The Spirit of Resistance
(also available as a 30-sec. PSA, track 45)
Thomas Jefferson once said: “The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive.”  Across America, that resistance is alive and well and aimed at the USA Patriot Act. Created in the name of fighting terrorism, the act has been interpreted to allow the government to monitor religious and political institutions and jail Americans indefinitely without a trial. Affirming their commitment to civil liberties, more than 16 million people in 26 states nationwide have banded together to pass resolutions that condemn the USA Patriot Act as a threat to those rights. The point of law is our First Amendment. The right to resist and challenge the actions of your government is one of your First Liberties.