Volume 35 • Summer 2006

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Program Guide

1. Cable vs. the Constitution
(also available as a 30-sec. PSA, track 31)
Can you name the five freedoms guaranteed by the First Amendment? How about the names of the five members of the Simpsons cartoon family? According to a recent survey, nearly one out of every five Americans can name all five Simpsons. But sadly only one out of every 1000 Americans can name more than one of the five freedoms guaranteed by the First Amendment.  Yet an informed and active citizenry is the cornerstone of democracy.  As Alexander Hamilton declared, “the most sacred duty and the greatest source of our security” is an “inviolable respect for the Constitution and Laws.” The point of law is our First Amendment.  The right to speak, exercise your religion, enjoy a free press, associate with others and petition the government for a redress of grievances are among your First Liberties.

2. Hey, That’s My Space
Internet chat rooms and blogs have become popular hotspots for America’s teens to share thoughts, ideas and even a little humor. But high school junior Bryan Lopez wasn’t laughing when he received a 15-day suspension for posting satirical comments about his school on the popular website Myspace.com.  School officials justified the suspension by claiming that Lopez’s pointed jabs at the school disrupted the educational process.  But free speech advocates disagreed, insisting that the teenager’s off-campus comments are entitled to greater protection. The point of law is our First Amendment.  While school officials can maintain some editorial control over what students write at school, the right to freely speak your mind—especially from the privacy of your own home—is one of your First Liberties.

3. A Slam Dunk for Free Speech
(also available as a 30-sec. PSA, track 32)
In a slam-dunk ruling for the free speech rights of Americans, the Georgia Supreme Court has blown the whistle on a state law aimed at criminalizing the disruption of meetings. A group of angry Valdosta residents ran afoul of the Georgia law after being arrested for interrupting a City Council meeting by standing up in support of a fellow resident. Thankfully, they found a judicial referee in the Georgia Supreme Court, which ruled that the state law was too broad because it punished purely harmless conduct such as heckling a referee at a sporting event. The point of law is our First Amendment.  The right to freely express yourself, whether you choose to criticize the government or razz a referee, is one of your First Liberties.
           
4. When Intolerance Becomes Intolerant
Thomas Jefferson believed that intellectual freedom is tied to political freedom. But what would Jefferson think of today’s college environment with its oftentimes-Orwellian attitudes and politically correct thinking? Take Penn State, for example. A student guide reportedly forbids students from engaging in acts of "intolerance" that indicate contempt for other individuals or groups. But one student is challenging what he considers to be a restrictive speech code that forces him to self-censor his conservative views in case they are perceived as intolerant. Now a federal court has been asked to decide whether free speech and conservative viewpoints have a place at the academic table. The point of law is our First Amendment. The right to freely express your views—politically correct or not—is one of your First Liberties.

5. A Picture of Freedom
(also available as a 30-sec. PSA, track 33)
Merchant Marine Khalid Hakim is all smiles since the U.S. Coast Guard changed its photo ID policy about head coverings. After the 9/11 terrorist attacks, the Coast Guard began requiring all photos submitted for merchant marine licenses to be free of head coverings.  But for many devout individuals whose religious beliefs require them to wear head coverings, the policy was picture proof that government officials were engaging in religious discrimination.  And a federal court agreed.  Frowning on the Coast Guard’s picture policy, a federal judge ruled that the religious beliefs of those who wear head coverings as a fundamental part of their religion must be accommodated. 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.

6. Spare the Rod, Spoil the Teacher?
For one aspiring teacher, his “spare the rod, spoil the child” philosophy almost ended up spoiling his career as a teacher. When education student Scott McConnell voiced his opinion in a term paper that corporal punishment would go a long way toward bettering America’s classrooms, his teaching career came to a crashing halt. After giving McConnell an A-minus for the paper, school officials decided to expel the would-be teacher, insisting that his idea of running a classroom like a dictatorship simply didn’t fit with their educational mission. But McConnell challenged the expulsion, insisting that it violated his right to free speech. The point of law is our First Amendment.  The right to freely express your views—even if they are unpopular—is still one of your First Liberties.
           
7. Outgunning Gun Laws
(also available as a 30-sec. PSA, track 34)
When a Pennsylvania law required gun buyers to provide their Social Security numbers in order to make a gun purchase, privacy rights advocates in the Keystone state set their sights on a new target. Insisting that the right to privacy should outgun the state’s interest in regulating the gun industry, one gun owner took his concerns to court. And a federal judge agreed. At a time when government agencies are amassing huge databases with Americans’ personal information, civil libertarians are hailing the ruling as a victory for privacy rights. The point of law is the Privacy Act of 1974. Although the Constitution does not specifically reference the word “privacy,” the right to keep personal information such as your Social Security number private—even from the government—is still one of your First Liberties. 

8. Bong Hits 4 Jesus
(also available as a 30-sec. PSA, track 35)
For high school junior Joseph Frederick, unfurling a sign proclaiming “Bong Hits 4 Jesus” was a harmless attempt to get into the local limelight during his school’s televised Olympic Torch Relay.  But to school officials, Frederick’s antics were a serious swipe at the school’s strong anti-drug policy. In response, the school principal shredded Frederick’s sign and suspended him for 10 days—a punishment that school officials believe reflects their commitment to maintaining a drug-free environment.  But a federal court disagreed, ruling that the punishment that shredded the sign also shredded Frederick’s right to free speech. The point of law is our First Amendment.  It guarantees the right of all Americans to express themselves. The right to free speech is one of your First Liberties.

9. Baring It All for Freedom
A group of Lancaster County protesters made headlines when they showed they were willing to give more than just the shirt off their backs to raise awareness about tortured Abu Ghraib prison detainees. In an effort to bare it all for freedom, the group of men, each wearing only a thong, formed a human pyramid as part of a roadside demonstration during a tour of the area by President Bush. Despite the protesters’ insistence that their near-nakedness was a bare necessity to show the humiliation faced by tortured detainees, police promptly arrested the men, citing them for lewdness. The point of law is our First Amendment. While there are restrictions on lewd or obscene forms of expression, the right to freely express your political views is one of your First Liberties.

10. Mass Transit Freedom Riders
(also available as a 30-sec. PSA, track 36)
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.

11. Privacy on the Playing Field
For students today, playing high school sports requires more than just skill and practice. At many schools across the country, student athletes must submit to drug tests prior to getting the nod to play. School officials claim it’s an effective way to keep students on the field and off drugs.  But critics insist that forcing students to submit hair and urine samples in exchange for the right to play a sport is a heavy-handed ploy that will intrude on privacy on the playing fields. The points of law are our Fourth and Fourteenth Amendments. The Supreme Court has ruled that schools can require drug tests as a condition of extracurricular activities. The right to be free from unreasonable searches and seizures is one of your First Liberties.

12. Pious Prisoner
For Rashad Rasheed, satisfying his religious diet while serving a life sentence behind bars means getting more to eat than the proverbial jailhouse bread and water. This pious prisoner insists that his Islamic faith requires him to eat special cow or camel meat on two Muslim holidays. So when Massachusetts prison officials failed to accommodate Rasheed’s request for faith-friendly food, he turned to the courts for help. And the Massachusetts Supreme Court corrected the correctional facility, declaring that under state law inmates are entitled to the same religious protections as free people in Massachusetts. The points of law are the Massachusetts State Constitution and our U.S. Constitution.  The right to have your religious beliefs reasonably accommodated is one of your First Liberties. 
           
13. Can You Hear Me Now
The slogan “Can You Hear Me Now?”—made popular by Verizon Wireless—is meant to promote the cellular company’s crystal clear phone reception. However, while their cell reception may be clear, what is much less clear is whether Verizon and other cell phone providers may hand over their customers’ phone records to the government—even in the name of fighting the war on terror.  Privacy advocates insist that consumers have a legal right to keep their private calling habits secret.  Now a federal court will have to decide whether the government can hear YOU now. The point of law is the Communications Act of 1934, which prohibits telephone companies from giving out information relating to customers’ calling habits.  The right to privacy is still one of your First Liberties.
           
14. What’s Changed Since 1954?
(also available as a 30-sec. PSA, track 37)
In 1954, the small town of Topeka, Kansas, made history when the U.S. Supreme Court ruled that its separate but equal facilities for blacks and whites had no place in America’s public schools.  Now, a half century later, segregation is once again center stage. Nebraska state legislators are considering a law that would divide the state’s public schools into three racially identifiable districts.  Supporters claim the law would give minorities control over their own school boards.  But opponents point to the Supreme Court’s 1954 ruling in Brown v. Board of Education, insisting that separate but equal is still inherently unequal. The point of law is the Equal Protection Clause of our Fourteenth Amendment.  The right to be treated equally, no matter the color of your skin, is still one of your First Liberties.

15. Three Words Worth Fighting For
(also available as a 30-sec. PSA, track 38)
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 free speech and free exercise of religion.  And that’s one of your First Liberties.

16. “I Love Jesus”
(also available as a 30-sec. PSA, track 39)
February was selected to be Black History Month because it marks the birthdays of two men who greatly influenced the black American population—Frederick Douglass and Abraham Lincoln. However, when a Florida artist tried to acknowledge another great man who has impacted black Americans, he discovered that Jesus Christ had no place on his city’s black history wall. Local officials removed Lloyd Marcus’ painting of a man wearing an “I Love Jesus” hat, fearing it would violate the separation of church and state. But Marcus insists the painting reflects the importance of faith to the black community. Now the courts must decide. The point of law is our First Amendment.  The right to freely express your ideas and your religious beliefs, whether from a pulpit or in a painting, is one of your First Liberties. 

17. Poetic Justice
(also available as a 30-sec. PSA, track 40)
The National Poetry Out Loud contest is a national effort to put poetry in motion. But one student was forced to seek poetic justice when his attempt to put poetry in motion ran up against a few roadblocks. When school officials at Coral Academy of Sciences prohibited Jacob Behymer-Smith from reciting a poem with profanity in the state competition, the ninth grader took them to task.  School officials insisted they had the right to set educational standards that banned profanity. But Jacob argued that his First Amendment rights were being violated.  And a federal judge agreed. The point of law is our First Amendment.  Free speech—and the right to choose that speech, even when it may contain profanity—is one of your First Liberties.
           
18. Strike Out in the Courts
When Jose Avila took a bean ball to the head from an opposing pitcher, the college slugger decided to sue the pitcher instead of charging the mound. Avila claimed that being hit intentionally with a fastball should give him a trip to the courthouse, not just a free walk to first base.  But the angry batter struck out in the California Supreme Court when the justices concluded that the question of whether a ball is fair or foul should be decided on the field and not in the courts. Still, the point of law is our U.S. Constitution. The right to use the courts to settle legal disputes and petition the government for a redress of grievances is one of your First Liberties.

19. Skirting the 14th Amendment
(also available as a 30-sec. PSA, track 41)
When a New Jersey school adopted a dress code prohibiting students from wearing shorts, one outraged student accused school officials of skirting around the Fourteenth 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.

20. Freedom To Know
Despite repeated media inquiries, the government kept the identities of detainees held at Guantanamo Bay, Cuba, under wraps for years. But human rights activists, determined to see justice done, refused to let the government keep the lid on the detention center captives—even in the name of fighting terrorism.  So they took their request for information to the courts. And after years of legal wrangling, the Pentagon finally released the first full official accounting of all those who have been held by the military in Guantanamo on suspicion of links to al-Qaida or the Taliban. The point of law is the Freedom of Information Act.  Under this federal law, all federal agencies must disclose records requested by the public in writing.  The right to be an informed citizen is one of your First Liberties.

21. Common Sense in the Classroom
(also available as a 30-sec. PSA, track 42)
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.

22. The Spirit of Resistance
(also available as a 30-sec. PSA, track 43)
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.

23. Watch What You Say
For Daniel Berry, no time is the wrong time to talk about his Christian beliefs.  So when his government employer tried to limit when and what he said at work, he pitched a legal battle. Berry, a veteran of the Tehama County, California social service agency, accused the agency of religious discrimination for restricting prayer sessions to the lunch room rather than the meeting room and prohibiting him from discussing his faith with public clients. But a federal judge disagreed, finding that Berry’s employer struck the right balance between free speech and religious neutrality. The point of law is our First Amendment.  While the government must walk a fine line between not establishing religion and respecting the religious liberties of its citizens, the right to freely practice religion is still one of your First Liberties.

24. 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.

25. A Balanced Diet
Overland High School requires that students get a balanced diet of viewpoints in the classroom. But one teacher’s classroom instruction may be found deficient. When history teacher Jay Bennish compared President Bush’s State of the Union address to something Adolph Hitler might have said, the teacher was swiftly called in for an investigation. Bennish claims he was simply teaching his students about American policies and opening their minds to understand the world around them.  But critics insist Bennish’s lesson was inappropriate, one-sided and more about indoctrinating than educating. Yet the point of law is our First Amendment.  While teachers must exercise a degree of professional judgment in the classroom, the First Amendment guarantees everyone the right to freely express their thoughts.  And that is one of your First Liberties.
           
26. Classified Memoirs
Former CIA agent T.J. Waters wrote the book on life as a CIA recruit. But his behind-the-scenes memoir may be forced to stay under cover. Although CIA employees are allowed to publish books, the books must first be cleared by a special review board. The agency’s top leaders are concerned that information in the books might jeopardize the clandestine nature of the Central Intelligence Agency. But a group of former agents-turned-authors insist that they should have the same right as other Americans to publicize their thoughts and experiences. Now a federal judge must decide whether the behind-the-scenes books should stay under wraps. The point of law is our First Amendment. While special consideration must be given to matters of national security, the right to speak on matters of personal and public concern is one of your First Liberties.

27. Secret Justice
An old saying goes that “Secrets are made to be found out with time.” But if the government gets its way, some secrets may never be discovered. According to a recent report, the court records of more than 5,000 criminal defendants whose cases traveled through the federal courts in the last three years have been kept secret. Some cases are even pushed through on a so-called “secret-docket” so that they are non-existent to the inquiring public. Supporters insist the practice is necessary to protect cooperating witnesses. But many Americans are outraged at the level of government secrecy, insisting that openness in America’s courts should be the hallmark of justice and accountability. The point of law is our Sixth Amendment.  The right to a fair and public trial is one of your First Liberties.

28. Roe v. Wade for Men
In 1973, the U.S. Supreme Court decided Roe v. Wade, its controversial ruling that upheld a woman’s constitutional right to an abortion. Now men want in on the action. In a case that’s been dubbed Roe v. Wade for Men, men’s rights activists are calling for equal protection when it comes to their reproductive rights. Pointing out that a pregnant woman can choose among abortion, adoption or raising a child, the National Center for Men insists that men should have the choice of refusing the financial responsibilities of fatherhood. The point of law is the Equal Protection Clause of the Fourteenth Amendment.  While the right of all people to enjoy the equal protection of the laws is one of your First Liberties, the rights of unborn babies continue to be debated.

29. Wiccan War Widow
(also available as a 30-sec. PSA, track 44)
Roberta Stewart wants Americans to remember that ALL freedoms are worth fighting for—especially religious freedom. Stewart’s husband, 34-year-old Patrick Stewart, was killed in action while fighting to secure freedom for the people of Afghanistan. Now his wife, a Wiccan like Patrick, is waging her own battle to ensure that her husband’s right to religious freedom is respected, even in death. The Department of Veterans Affairs has refused to place a symbol representing Patrick’s Wiccan faith on his memorial plaque. But as critics of the VA have pointed out, symbols for other alternative and mainstream religions are permitted. The points of law are our First and Fourteenth Amendments.  The right to freely express your religious beliefs—even as a Wiccan—and the right to be treated equally are two of your First Liberties.  

30. Privacy Rights on Hold
(also available as a 30-sec. PSA, track 45)
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.