Volume 37 • Winter 2007

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Message from Campaign Host, John W. Whitehead

The only president to have been elected four times, Franklin D. Roosevelt understood that an educated and active citizenry was critical to protecting and maintaining our freedoms. In one of his many fireside chats, Roosevelt offered this piece of advice: “The only sure bulwark of continuing liberty is a government strong enough to protect the interests of the people, and a people strong enough and well enough informed to maintain its sovereign control over the government.”

In a post 9/11 world, with government leaders tending to prioritize national security over individual freedoms, Americans would do well to heed Roosevelt’s words. However, the challenge today rests in finding a balance between what our government wants and what we want of our government. Thankfully, as this volume of First Liberties shows, there are courageous individuals who are fighting to maintain that balance and fighting back when their rights are violated. Their battles may not always be earth-shattering, and they may not make headlines or establish judicial precedents. Yet whether it’s a dairy farmer defending his right to sell raw milk, a student standing up for her right to read the Bible during her lunch hour at school or a handicapped individual fighting to be treated equally, each of these individuals are doing their part to keep freedom alive.

Program Guide

1. Stinging the Hand that Feeds You
When a visitor to his dairy farm asked Arlie Stutzman for a gallon of raw milk, the Amish farmer didn’t hesitate to share. The visitor even sweetened the deal by offering Arlie a $2 donation for the unpasteurized milk. But things quickly soured when the so-called visitor turned out to be an undercover agent out to sting Arlie for violating an Ohio law forbidding the sale of raw milk.  Arlie insists he was merely staying true to his religious beliefs to share his bounty with anyone who asks. Now the courts will have to decide. But the point of law is our First Amendment.  While the government does have the right to regulate certain aspects of commerce, the right to freely exercise your religious beliefs is one of your First Liberties.

2. Lemon Drop Dilemma
(also available as a 30-sec. PSA, track 31)
Remember the candy you ate as a kid? Fizzies, Wax Lips, Candy Cigarettes, Candy Buttons, Atomic Fireballs, BB Bats, Bubble Gum Cigars and Lemon Drops were all the rage at one time. But as more schools fall prey to zero tolerance policies, the sweet concoctions of childhood are fast becoming bitter pills to swallow for today’s young people. For example, one six-year-old Colorado boy was treated to a sour experience after he was caught sharing a lemon drop with a fellow student. School officials suspended the boy from school for half a day under the school’s zero tolerance policy for illegal drugs. But the point of law is our Fourteenth Amendment.  The right to due process, especially in the form of common sense in the classroom, is one of your First Liberties.

3. Born in the USA
(also available as a 30-sec. PSA, track 32)
Should everyone born in the United States be granted automatic citizenship? That’s the debate under way right now. Currently, under U.S. law, all babies born in the United States are automatically considered citizens of the U.S. However, one lawmaker has proposed ending citizenship by birthright.  Critics have voiced the concern that illegal aliens who give birth to babies within U.S. borders can use the babies as an anchor to pull the mothers and other family members into permanent U.S. residency. If the law is changed to allow the government to deport the illegal parents of US-born children, more than two million families could be affected. Still, the point of law is our Fourteenth Amendment. The right of ALL persons born in the United States to be considered citizens is one of your First Liberties.

4. Double Taxation?
For Marrita Murphy, acting as a government whistleblower was taxing enough. But when she had to battle the IRS over money she was awarded for emotional distress, it started to feel like double taxation. After winning a $70,000 award for emotional distress in her case against the New York Air National Guard, Murphy was forced to pay $20,000 in taxes to the IRS. According to the tax code, only compensation for physical injuries is tax exempt. But an appeals court disagreed, ruling that the federal government may not tax the money plaintiffs receive as compensation for emotional distress. The points of law are our First and Sixteenth Amendments. While Congress has the power to tax Americans’ incomes, the right to seek redress for your grievances against the government is one of your First Liberties.

5. Cable vs. the Constitution
(also available as a 30-sec. PSA, track 33)
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.

6. Voting Rights
(also available as a 30-sec. PSA, track 34)
The right to vote is a fundamental right guaranteed to all U.S. citizens. But critics insist that only citizens who can speak and read English should be entitled to vote. Fortunately, Congress disagreed.  Believing that minority group citizens should not be left out of the electoral process, Congress passed legislation requiring that all election information available in English must also be available in the minority language.  In this way, all citizens will have an effective opportunity to register, learn the details of the elections, and cast a free and effective ballot. The points of law are the Voting Rights Act and the Fifteenth Amendment to the U.S. Constitution. The right of all U.S. citizens to cast a vote, including those for whom English is not their first language, is one of your First Liberties.

7. The Forgotten Third
The Third Amendment could very well be considered the forgotten freedom. Yet for early Americans, it was anything but. Prior to the American Revolution, Americans found themselves being forced to house—or quarter—British armies. In addition to housing them, they were also required to provide the King’s soldiers with food and drink—all without any compensation. These “intolerable acts” gave rise to a constitutional ban on housing soldiers in private homes except in times of war. The point of law is our Third Amendment, which prohibits the quartering of soldiers in times of peace. Although it has only been addressed once by a federal court in over 200 years, this amendment declares that one’s home should be free from agents of the state. And that is one of your First Liberties.

8. Dancing the Night Away
Owners of the Moulin Rouge bar saw red after erotic dancing was ordered to shimmy out the door. Under New Jersey law, lewd activities are prohibited in places that serve alcohol. For the owners of the Moulin Rouge bar, that meant dropping the curtain on their erotic dance performances. Fans of the so-called “performance art” insist that the dancers have a First Amendment right to express themselves. But a federal judge disagreed, pointing out that the law didn’t ban all erotic dancing—just lewd forms taking place in bars. The point of law is our First Amendment. While there are some limits to what can be done in the name of free speech, the right to express yourself in word or deed is one of your First Liberties.

9. Free Speech in Any Language
When a friend, speaking in Spanish, asked Zach Rubio to loan him a dollar, the Kansas high school student replied in his family’s native language: “no problema.” But that’s when Zach’s problems began. Although Zach is an American citizen who speaks fluent English, he was suspended after a teacher overheard the Spanish exchange in the hallway. School officials stated that it was not the first time they had asked Zach and others not to speak Spanish at school. But after Zach’s father pointed out that the school has no written policy forbidding Spanish, school officials revoked the suspension. The point of law is our First Amendment. No matter what language you speak, the right to free speech is a right in any language, and that’s one of your First Liberties.

10. Banning Bible Reading
The Bible may very well be the “good book,” but school officials treated seventh grader Amber Mangum like she was up to no good when they noticed her reading her Bible during lunchtime at school. An avid reader, Amber has read everything from Goosebumps to the Guinness Book of World Records—a practice strongly encouraged by school officials. But when Amber’s reading material was the Bible, instead of getting an “A” for effort, she was threatened with disciplinary action. Critics have pointed to the school’s actions as yet another example of how little schools officials understand about the Constitution and what it says about our rights. 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.

11. Keeping Secrets
(also available as a 30-sec. PSA, track 35)
According to Harry Truman, “Secrecy and a free, democratic government don't mix.” Believing this, civil liberties groups are increasingly challenging the Bush administration’s claim to a “state secrets privilege.” The government has used the privilege to evade lawsuits over its surveillance of Americans and its handling of terror suspects. Supporters of the government’s claim of state secrets insist that national security would be endangered by open discussions. But critics argue that the government’s evasive tactics have short-circuited judicial scrutiny and public debate—and left many criminal suspects in the dark about the charges against them. The point of law is our Sixth Amendment. It includes the right to a speedy public trial and to be informed of the nature and cause of your accusations. That’s one of your First Liberties.

12. Pulling the Plug on Free Speech
(also available as a 30-sec. PSA, track 36)
When a high school valedictorian had the plug pulled on her free speech rights, she decided to teach school officials the ABC’s of the Constitution in the classroom. Brittany McComb had earned the right to give the valedictory speech at her high school graduation. However, when Brittany began to talk about the role her faith as a Christian played in her life, school officials literally pulled the plug on her free speech rights, fearing that her religious remarks would be construed as a school endorsement of religion. But Brittany refuses to remain silent about her faith OR her right to free speech. Now the courts will have to decide. The point of law is our First Amendment. The right to freely speak, no matter what the topic, is one of your First Liberties.

13. Botched Execution
For most people, death comes too soon. But for one Ohio death row inmate, it didn’t come soon enough. Scheduled to be put to death by lethal injection, convicted killer Joseph Clark, who had murdered a man for easy drug money, found his own death harder to come by. After a 90-minute delay while prison officials struggled to find a vein and administer a lethal injection, Clark reportedly asked for “something by mouth to end” his life. Critics of death sentences that call for lethal injection claim Clark’s botched execution constituted cruel and unusual punishment. But prison officials insist there wasn’t a “flaw in the process.” Nevertheless, the point of law is our Eighth Amendment.  The right to be free from cruel and unusual punishments is one of your First Liberties.

14. Constitutional Discrimination
Is it ever kosher to discriminate based on color? Inquiring minds want to know. Since the U.S. Supreme Court’s Brown v. Board of Education ruling, “separate but equal” has been a thing of the past. But when even that didn’t level the playing field for black Americans, President Johnson called on all Americans to take “affirmative action” to stop discrimination. But critics contend that what was intended to be a fair-minded policy has resulted in a system of reverse discrimination. Now the nation’s high court has been asked to show that justice really is blind—or at least color blind—as it reviews two cases where racial discrimination is used to achieve diversity in K-through-12 schools. The point of law is our Fourteenth Amendment. The right to equal treatment under the law is one of your First Liberties.

15. Three Words Worth Fighting For
(also available as a 30-sec. PSA, track 37)
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.

16. Fill the Pill
When pharmacist Neil Noesen raised a religious objection to filling prescriptions for birth control pills, he was given two choices: Fill the pill or fill out an unemployment application. Believing that his religious beliefs should be accommodated by his employer, Noesen stood his ground and was fired. In court, attorneys for Noesen’s employer, Walmart, argued that religious objections or not, a pharmacist couldn’t refuse to fill a customer’s prescription. They insisted that Noesen should at least have to alert another pharmacist on duty.  And a federal judge agreed. The point of law is Title VII of the Civil Rights Act. While the jury is still out on the extent to which pharmacists may refuse to carry out their job duties, the right to have your religious beliefs accommodated in the workplace is one of your First Liberties.

17. The Music of Dissent
(also available as a 30-sec. PSA, track 38)
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 the use of drugs, the use of alcohol and sexual promiscuity. So they 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 points of law are our First and Fourteenth Amendments. The right to NOT be discriminated against because of your religious beliefs is one of your First Liberties.

18. Motorized Justice
(also available as a 30-sec. PSA, track 39)
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 bicycle, 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.

19. Jell-O: Mistaken Identity
For many young people, Jell-O represents hot summer days and Grandma’s orange salad mold.  But for one Louisiana fourth-grader, the jiggly gelatin confection resulted in a school suspension. When the eight-year-old elementary school student brought homemade Jell-O cups to school, school officials immediately confiscated the treats as look-alike alcohol shots. Although they soon determined that the Jello-O didn’t contain any alcohol, the school still suspended the student for possessing look-alike drugs. 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.

20. Small Town Packs a Radical Punch
(also available as a 30-sec. PSA, track 40)
Arcata may be a picturesque little California town, but it packs a radical punch. Arcata became the first city in the nation to outlaw compliance with the USA Patriot Act. Soon after Congress passed the Patriot Act, cities across America began passing resolutions opposing it. Now, eight states and 400 cities and counties have condemned the Act, believing it to be a threat to the Bill of Rights. A spokesman for the FBI said it’s unlikely they’ll be using the Patriot Act in Arcata, but residents hope the largely symbolic gesture will send a message to Washington—don’t tread on our civil liberties. The point of law is our Fourth Amendment. It prohibits the government from unreasonably intruding on the lives of Americans. And that’s one of your First Liberties.

21. $20 to Life
(also available as a 30-sec. PSA, track 41)
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? In Florida, career thief Leonard Reed was sentenced to life in prison for stealing a twenty dollar bill 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.

22. Gunning for the Second Amendment
(also available as a 30-sec. PSA, track 42)
While the Supreme Court has "staked-out" the perimeter of the Second Amendment, it has yet to aim at a definitive resolution of where to draw the line in the showdown over the right to keep and bear arms. Although 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 and transportation 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.

23. Storming the Castle
(also available as a 30-sec. PSA, track 43)
When is a man’s home NOT his castle? When it has been seized by government officials under the government’s claim of eminent domain. 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 U.S. Supreme Court agreed that the government could take private property and use it for more profitable purposes.  But the point of law is our Fifth Amendment. While it allows the government to take property for public use, the definition of public use remains under debate. That’s one of your First Liberties. 

24. Teaching Tolerance
When one Massachusetts high school student found himself being censored for his conservative views, he set out to teach his teachers a lesson in true tolerance. Hoping to counteract anti-American sentiments at Hudson High School, Chris Bowler formed an extracurricular Conservative Club and hung some promotional posters around the school. But school officials tore down many of the posters, insisting that they were "anti-gay" and promoted violence because they referenced the website of a conservative organization. Now the courts have been asked to decide whether school officials went too far in censoring the political posters. The point of law is our First Amendment.  Whether your views are left-leaning, right-wing or somewhere in the middle, the right to not be discriminated against or have your speech censored is one of your First Liberties.

25. No Place to Hide
Stolen passwords… Compromised personal records…The identities of thousands of unsuspecting Americans have become casualties in business ventures in which sensitive data about nearly every adult is bought, sold and stolen. For the federal government, which is barred by law from forming a database, 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 ongoing spate of identity thefts just complicates the issue further. 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.

26. Off to the Principal’s Office I Go
(also available as a 30-sec. PSA, track 44)
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.

27. TeenScreen 101
Chelsea Rhoades may have gone to school thinking she was a normal, well-adjusted teen. But by the time she arrived home, she’d been told she was abnormal and suffering from several social disorders. School officials directed 15-year-old Chelsea Rhoades to take a mental health exam. The TeenScreen exam, which purports 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 looking to the courts to take TeenScreen to task for usurping their parental rights. The points of law are the Fourteenth Amendment and 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.

28. Peace Warrior to the End
(also available as a 30-sec. PSA, track 45)
Philip Berrigan was what some people might call a religious rebel. For more than three decades, this peace warrior’s willingness to put his faith into action inspired numerous generations of Americans to join him in anti-war protests. He organized teach-ins, spoke out against the evils of war and burned draft cards. He even broke into an Air Force base and beat an attack jet with a hammer. But there was a price to pay for his protest—and this peace-loving priest willingly paid it. Berrigan spent roughly eleven years behind bars for committing acts of civil disobedience. The point of law is our First Amendment. It guarantees our rights of free speech, religion and assembly—rights exercised by Philip Berrigan every day of his life. The right to publicly protest is one of your First Liberties.

29. The Reason for the Season
Around Christmas time, the folks at Calvary Chapel like to remind people that “Jesus is the Reason for the Season.” But one year, they were almost left in the dark at a festival of lights holiday display. Although county officials allowed various groups to sponsor displays that expressed a secular viewpoint about the Christmas holidays, they refused to let the church display its religious message about the real reason for the season. Thankfully, a district court judge ruled that the church has a constitutional right to proclaim its message—free from state censorship. The point of law is the First Amendment to our U.S. Constitution. While it prohibits the government from sponsoring or endorsing religion, it also protects the expression of private religious speech.  And that’s one of your First Liberties.

30. 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.